Los Angeles herald., 1910-03-09
Associated Pressl

wy ASHINGTON, March S.-The
w Standard Oil company today
W filed in the supreme court of the
United States its brief in opposition
to the attempt of the government to
dissolve it as violating the Sherman
antitrust law. This comes as a pre-
lude to oral argument of the case by
ATTORNEYS for the defense and Tor the
government The brief is the work OIL
John M. Freeman, Ernest c. irwin ana
D. r Watson. The government briet
has not yet been filed.
The keynote of the defense is the
so-called preservation of 1.-THE rights OF
individual citizens of the Ohlted
States" =, =
the charge made in the petition, de-
MED in the answer and reasserted in
the replication, that the seven indi-
vfdual defendants, John d. Rockefeller,
William Rockefeller. John ID. Archbold,
oliver II. Payne, Henry Nj. Flagler,
charles NJ. Pratt and Henry II. Rog-
ers. combined and conspired, and con-
tinued to combine and conspire at the
time the petition was filed to restrain
interstate trade in oil in order to gain
a monopoly of it.
Changed Methods Only
Point after point is made by counsel
in an attempt to prove the seven IN
dividual defendants did nothing more
than change their method OF business
in 1899. .o
"Seven men controlling, for 5000
people, seventy parcels of property de-
voted to private business enterprise
and for which the 5000 hold trust Ger
In q q
that thereafter the 5000 shall hold stock
certificates of the New Jersey Stand
ard Oil company for the same prop
critics in the same proportions ana
with the same power and management.
Neither the 5000 owners nor the
seven managers gained any new power
or property or changed their status or
smothered competition by the change,
but they did gain, as they think, an
easier and more economic method or
holding and managing the properties.
They did not intend to, nor did they,
manage the properties after 1899, eX-
cept as they managed them before,
and they had no idea of restricting
competition between their jointly. held
properties, because there was none to
restrict"
The opinion of the circuit court that
some of the companies in the organ
iZation of 1899 "Were potentially and
naturally competitive" and that their
competition was prevented by this or
ganization of 1899 is attacked.
Self Competition Novel
1--WE submit" says the brief, that
the idea of the competition between
properties all owned by the same per-
sons is a novelty. The idea that prop
critics themselves compete and that, if
one man owns two or more he must
compete with himself, is startling
Competition between joint owners is
also novel,"
The ownership of properties, it is
contended in the brief, is wholly under
the laws of the state, and congress
cannot and does not pretend to regu-
late their acquisition.
Yet, it is urged by counsel for the
Standard Oil company that this rule
of the circuit court would broaden the
Sherman act so that federal law would
regulate land titles in the state.
The objections to the decree are
summed up in the statements that it
is too general, too vague, too broad.
1T denies to each individual the
right of holding his property as he
chooses" say counsel, "either by legal
or equitable title"