The Washington times., 1910-03-13
Great Legal Struggle to Test
Trust Law Attracts Ma
tiOn'S Interest.
GENERAL
WILL HANDLE CASE
Frank B. Kellogg to Aid in Prose
cution-J. @. Johnson Heads
Corporations Lawyers.
Continued from First Page.) l

meut and will deliver an srgumer t
which he has prepared With great care.
Franz 4. kellogg, who vaSed the sue
cessIuI fight against the Standard in
the Circuit Court, will also make an
oral argument. Charles b Morrison and
/ {. a. Severance, who. with Mr. kellogg.
are special assistants to the Attorney
/ General in this case. WIN be present and
may participate IL the argument
On the side or the Standard Oil Com
pany viii be a formidable array OF law
vers. They will include John q. John
son, OF Philadelphia; John G. Mnburn.
i Of New York, and D. T. Watson OF Pitts
burg. men ranging among the foremost
argue and Mr.. Watson may do. sos The
I Standard oil Company has fled two
briefs. on the law. one signed by Messrs
: johnson and Muburn. and the other by
Mr.. Watson The brief on the facts for
1.-THE Standard was written by Frank l.
iUrswford, Of New York. Mr.. Watson
was assisted by John NJ Freeman and
tErnest c. Irwin, of Pittsburg. All the
lbriefs are conceded TO be able docu-
iments
( Important as are the legal points ir
iIhe case. the suit is quite as remarkable
flor the EewIIdering mass Of facts which
HAS to Le considered The record fills
;twents three huge volumes. The brief
ioI the Government alone requires two
large volumes and over I,oO0 pages The
!time covered by the events leading up
ito the monopolization OF the oil industry
las il is alleged TO exist today IS the best
part OF half a century.
History of Case.
The suit is a proceeding 10 dissolve
The Standard OIL Company Of New Jer-
Sey. With a capital Of SlO000O,0o0 on the
ground tha. Il is in restraint Of trade
under the Sherman antitrust law. The
defendants are seven individuals, high
in the world OF finance, the StaLdard
OH Company OF New Jersey which Is
A holding company, and about seventy
i've subsidiary corporations, limited
partnerships and cop uips. The
individuals are John d. Rockefeller. VII
liam Rockefeller. Henry NJ. Flagler
-a4eury II. Rogers, since deceased. John
ga. ArchboId, Oluey II. Payne, and
rCharles NJ. Pratt.
y Inc property involved in the case is by
= no means expressed by the capital StOch
fof the standard Oil Company. The gross
.eaFscfs OF the company we're given in l9O
ess y3I2,U0O, go. The corporation since ther
sShas earned al the rate OF SSo,ooo,Co0 2
: ear, and has paid 10 shareholders onl3
f}i0.OI1,000 a year From this, a COnser-
rvative calculation would place the gross
saSsets OF the company at this time al
: sSgI5, o., 900, o. not far from half billion
@dOllars.
That this huge figure IS not far from
~the truth may be judged since Il is well
-
-of the Eastern district OF Missouri,
(which decided the case. returned a
@d-.dinE favorable to the corporation, q
elnovement would have been made to in
the capital stock 10 something
flsIye $4,000. COO, or $500. 10000 Should the
fcOrporat ton win in the Supreme Court
EUndoubtedly a readjustment of the
9Ca pital would speedily he set on foot
9and there would be a rotation OF stocF
Sof staggering proportions
= As given in the Government brief, the
stsummarv of facts concerning the Stand
gard Oil is as follows:
= Governments Brief.
= About 1870. John D. Rockefeller. Will
siaI=s EoskefeIler and Henry NJ. F1agler
sSswho had been in the oil business fol
-years prior TO that time. conceived the
proposition of controlling the petroleum
ttrade domestic and export, and OBJ
u
.isrnmeut contends. that the evidence JUS
-fiies the statement that they entered
-intO a conspiracy which took the form
sfrOm time TO time Of various combina-
Stions. Shortly after, they were Joined
: BY Henry IT. Rogers, John d. Archbold
sOltVer II. Payne and Charles NJ Pratt
"a nd various other parties The deVel
eopment OF the alleged monopoly was II
- hree periods.
y In the first period. from 1870 20 ISS2
it took the form Of combination be-
1tVeen large number Of manufacturers
-who acted in harmony and whose stock
sjnteTests we're pooled in the hands OF
three trustees in 1873
- the second period, from 1882 to 1899
1t took the form of a trust under the
e1rust agreement Of 1852 whereby thu
Stocks OF a large number Of corporations
CWere placed in the hands OF nine trus,
tees, of which the individual defend ants
named in the suit were the majority
controlling the various separate corpO-
.rstiOns and limited partnerships.
Ehe third period is from 1899 TO the