Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-15


Attorney for the Standard OIL Company.
'They have waved the black flag over
the land as others have done over the
ocean. Do deny they have demonstrat-
ed their ability? No. They have COM
peted with an ability unequaled in this
country"
In these words Frank B. Kellogg. for
the government, arraigned the Standard
Oil Company before the Supreme Court
Of the United States today in the second
days argument of the case for the dis
solution of the New Jersey corporation
as decreed by the United States circuit
court for the eastern district of Missouri.
with its ramifications, its influence
and Its money power give it a carte
blanche. let it combine, as Mr.. Watson
Milburn speaks about and l predict 1t
will control every industry in this coun-
try In ten years-yea, in five years.
What makes great country? ne
asked. mot great corporations. 1t is
the Individual; the Independent proprietor
with the star of hope that has always
been held cut to man before him. Your
honors, it is bat a step from combination
to socialism and but another from So
cialism to anarchy"
Lawyers Pay Close Attention.
With the opening of the case over the
lawyers on both sides seemed to settle
down to the contest with an added Sc
robustness D. T. Watson and John c.
Johnson, the two Pennsylvania lawyers
who are yet to speak for the Standard
OIL took notes now and then as Mr.. KEEL
logg proceeded. From time to time the
half dozen or more attorneys with them
consulted over some point. Sitting a lit
tie ways from Mr.. Kellogg was Attorney
General Wickersham. For days he has
devoted himself exclusively to q study Of
the case. and his address to the court is
looked forward to as the effort of his
life
The court itself seemed anxious to re-
sumo consideration of the case Chief
Justice Fuller nodded to Mr.. Milburn to
proceed with his argument, forgetting
that the clerk had not administered the
oath to several lawyers who had been
admitted to the bar during the mornings
routine business. He halted Mr. Milburn
until that formality had been perfected.
Mr.. Milburn devoted himself to some
observations on the income of the Stand
ard Oil. He complained that the govern
ment unjustly computed the percentage
of permits on the original capital. He
argued that capital assets should be the
basis of this computation. This would
show the net profit to be % per cent per
annum during the years 19O0-19O6 when
there was such great development of
the by-products. He also spoke briefly
Of prices, claiming tables he presented
showed there was no arbitrary action.
Appeals for Justice.
This company has been under
search as no other concern has ever
been," said Mr.. Milburn. in closing.
1.-THE power of the United States gov
eminent, as it exists. has reached right
into the vitals of this organization.
Here Is an organization that has
had a continuous life of forty years.
don't say the men in it have never
done anything wrong. Judge us. /
ask you, by human standards / have
no doubt it has done things that 1t
had no right to do. But it has done
this: It has fought for the marketing
OF an American product; for the de-
livery Of an American product all over
the inhabitable globe. 1t has built it
up with capital and undaunted cour-
age. We beg of this court that il we
are found to be doing wrong, enjOiu
us from doing that, but in the name
Of justice. do not destroy the organiza-
tion, which has accomplished such re-
do"
A stiffness as though a great life were
hanging by a thread pervaded the court
chamber when Mr.. Miiburn concluded.
The next moment Mr.. Kellogg was fac
ing the court to begin his argument on be-
half Of the government
Markets Made by Independents.
IF your honors please said Mr.. KEEL
logg, this Is the second time l have list
ened to that passionate appeal to protect
American foreign commerce. 1t has al
ways been the slogan in this case. AS a
matter of fact the Standard Oil has not
increased American percentage of ex-
PORTS of this product. The percentage
exported previous to 1871 was greater
than 1t has been since" He then quoted
figures to support this statement.
For many years the Standard did not
create market" continued Mr.. Kellogg
"or increase 1t. Those markets were
made by Independents by struggling in
competition for the commerce of the
world"
With that as an introduction, Mr.. KEEL
logg launched forth into the history OF the
Standard Oil as discussed by Mr.. Milburn
and concluded by telling of the purchas-
ing and closing up of the reineries.
THAT was the genius OF Mr.. Rockefei-
ler,' shouted Mr.. Kellogg. turning to Mr..
Milburn, whose words he quoted.
Justice Lurton asked Mr.. Kellogg If he
would not reply to the claims that all the
Standard Oil properties had always had
common ownership. The Standard Oil at
torneys claim that, the property having
common owners. there was no restraint
of trade in the reorganization of the
Standard Oil Of New Jersey In 1869.
II get the idea said Justice Lurton,
that the body Of the stockholders has
always been the same. at least the con-
trolling proportion"