The Washington herald., 1910-03-17

After listening three days to arguments
of counsel the Supreme Court, late yes
terday afternoon. took under advisement
the appeal OF the standard oil Company
from the decree of the Federal Court at
ST. Louis. ordering the dissolution OF that
corporation because of its violation Of
the Sherman antitrust law.
That this. together with the dissolution
suit against the American Tobacco COM
pany. argued a few weeks ago. is the
most important case ever before the
court, was the opinion expressed in the
address of Attorney General Wicker
sham yesterday. This opinion has been
borne out by the daily attendance Of
prominent lawyers from all over the
country
The court enlarged the time for argu-
ments from the four hours usually al
lotted to eleven and a quarter hours. the
time being equally divided between the
attorneys for the Standard and the
Government.
Argues Against Kellogg.
David T. Watson. of Pittsburg, for the
Standard Oil Company. began his argu-
ment Tuesday shortly before adjourn
ment and concluded yesterday afternoon.
He devoted himself largely TO the legal
side OF the case. contending the company
was not a violator of the antitrust law
and that 1t was never intended to pre-
vent combinations OF capital which were
necessary under modern business con-
ditions He argued against a proposition
advanced by Mr.. Kellogg that the courts
| finding Of fact might go further than the
lower court had gone, and asserted this
could not be done He was interrupted
I by several justices with suggestions TO
the contrary.
ADO you mean to tell me-" he queried,
that the court viii wade through the
twenty-three volumes forming the record
in this case for the purpose OF making a
new finding OF fact?"
Certainly. II it is necessary" replied
Justice Harlan
well, then" retorted Mr.. Watson.
"you had better take more than six
months 70 decide the case
Attorney General Wickersham began
the concluding arguments for the govern
ment shortly before / o'clock. He spoke
until the recess and finished his address
at 3:15. Referring to the methods of the
Standard in compelling rebates from the
great railroads. he said 1t was no wonder
that with all those advantages the COM
pany prospered, but he denounced them
as the most iniquitous ever practiced in
the history Of the world.
Most Tremendous Combination.
The present form of the company. under
It's reorganization OF 1899. he declared,
was made with the purpose of evading
the consequences of the Sherman act. He
did not see any material difference be
tween the situation regarding the Stand
ard and that Of the Northern Securities
Company. which had been condemned by
the court. 1t was. he said. combination
in. restraint OF trade. and also the most
tremendous combination the world had
ever seen.
Reverting to the cry that a decision
against the company would be disastrous
TO the business world. Mr.. Wickersham
said that cry had been heard before,
when the Northern Securities Company
had been brought TO book. and nothing
Of the kind had happened.
John G. Johnson, of Philadelphia, closed
the case for the Standard company,
arguing that the lower court had no
jurisdiction OF the case. because it had
jurisdiction only over the Waters-Pierce
Company, which was merely a selling
company. and nothing else: that common
ownership was legal; that the present
organization of the Standard company
has resulted in promoting. rather than
restraining. trade, and that while the
Individual acts committed might be pun
ishable, the company should not be
forced out OF existence by reason of the
common ownership.
When Mr. Johnson concluded the court
granted motion permitting counsel for
each side TO file an additional brief
within ten days. and then took the case
under advisement.