New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-15
STANDARD DEFENCE
~ SUPREME COURT.
John @. MHbarn Says Oil
Company Is Not Monopoly.

Company Is Not Monopoly.
Washington. March H.-The final fight for
the dissolution or the Standard Oil Com
peny began this afternoon before the Su-
preme Court OF the United States, when
John g. Milburn, OF New York. spoke for
three hours in its defence. He will CON
ciude tomorrow The remainder OF the
day viii De devoted to the second step in
;he great contest. the reply Of Frank Is.
Kellogg on the part OF the government.
'rhe hearing of the suit against the
Standard Oil attracted TO the courtroom
lawyers and spectators from all sections of
the country Members Of both houses OF
Congress focsook their respective chambers
TO hear what was TO be said in the review
OF TIE decree Of the Circuit Court of the
United States for The Eastern District Of
Missouri Gissoying the Standard Oil Com
Iany % New Jersey as q conspiracy in re-
straint OF trade and as a monopoly In vio
lation OF The Sherman antitrust act.
The greater part Of Nj. Milburn's address
60 the court consisted of review Of the
growth of the Standard Oil. with the object
Of laying the foundation for the claim that
the corporations entering into the reorgani
zstion or the Standard Oil Company Of
New Jersey in 1879 were non-compettive,
under a so-called common ownership.
He told Of the tremendous size OF the
business Of the Standard Oil and explained
now II had grown, according TO his conccp-
tion. He said large factors in this growth
werethe building of pipe lines, which any
body had q right 10 build" As he described
IT; the building of relineries. and the OK
tending Of the marketing facilities through
cut this country and the entire world
We compete abroad with great corpora
tons. he said. that are protected and
shielded by their governments and COM
PEELED 70 combine so that they may be
powerful. We have been able 10 meet them,
because Of our strength
Toward the close OF the day he entered
on discussion OF the Sherman antitrust
sct- He said nasmuch the Circuit Court
had held that the mere method OF organi-
zstio1 was a conspiracy 10 monopolze and
had not considered the alleged ponopolistic
conduct, he felt embarrassment about
discussing whether they violated the law.
Mr.. Milburn said he did not believe that
the corporation was in restraint of. trade,
in view Of tho common ownership II
had never restrained the liberties or capital
al any one who has entered into II, nor any
one who was its competitor, he asserted.
Instead of being a monopoly, it was urged
by Mr.. Aiilburn that the amount OF bust
ness il was doing was decreasing.
Justice Harlan asked Mr.. Milburn if he
would call an organization OF men 10 buy
all the coal lands in Pennsylvania a con-
sniracy in restraint OF trade and a monop-
oily.
The question you put is one difficult OF
solution responded the counsel. He eX-
planned TO the court that he was really
getting ':out OF his line of business" in dis
cussing monopoljes.
= i think you are in your line" said JUS
tice White.
We'll, the Sherman law is very interest
ing observed Nr. Milburn. Napoleon
complained that the laws did not lend
themselves to the imagination, bat he had
never read the Sherman antitrust act"
Finally Mr. Milburn took up the charges
Of moropolistic conduct, as alleged 10 have
Peen shown by transportation discrimina-
ton. He declared the idea that railroads
throughout the country would discriminate
IL FAVOR of business that afforded only
onc-half of ] per cent OF the total traffic
vas prepostcrous.
: No Independent refner since 15s7,'' he
Hddcd, when the interstate commerce act
VS. passed. has complained to the Inter
state Commerce Commission of discrimina-
tons"
lie spoke Of The alleged unfair competi-
lion Competition does not breed the viz
tues said he TT is the lower nature
shat comes uppernost under such condi-
lions YOU know. But are We 10 be held
Irresponsible for all the acts of our en-
ploycs?"
out Of thirty-seyen thousand towns III
which the Standard Oil is located. he said
the record showed complaints OF unfair
competition from thirty-seveu. As 10 the
charge that Standard OH men corrupted
railroad officials in order TO obtain informa-
.3iou Is 10 its competitors business. he as
serted that employees found doing il
would be discharged. Experience had
taught tho Standard Oil, he said that it
,ffad 10 re more yirtuous than most cor
porstions.
When the court adjourned FOR tho day
Mr. Nilnurn Was declaring that no COM
pis ints by independents had ever been
MADE OF the Standard control Of its trunk
PIPE lines He told the court he would con-
dude his remarks IL aoout ten minutes to
: morrow.
After Mr. Kellogg argument, y. r Wat
sen snd Holm -. Johnson VIII speak on be-
gnslf IF lie Standard OIL. and Attorney
General Wickersham. or behalf Of the GOV
''ernment, viii address the court probably
5cn Wednesday.