Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-10
OIL TRUST BRIEF IN
Filed in Supreme Court by
the Government.
MORE THAN 1000 PAGES
Contentious of United States
Grouped Under Nine Heads.
ARGUMENT BEGINS NEXT WEEK
To Be by Attorney General-Specu
lation as to When Decision
Will Be Reached

The governments brief in the standard
Oil suit was filed in the United States
Supreme Court late yesterday afternoon
by Attorney General Wickersham and
Frank b, Kellogg, Charles b. Morrison
and e. A. Severance. the associate coun-
sci.
The brief covers more than 900 pages
of printed matter, going into minute de-
tails of the operations of the Standard
OIL Company in it's alleged monopoly In
restraint of trade and violation of the
Sherman antitrust act.
The contentious OF the government are
grouped under nine principal heads. each
of which Is elaborated by argument and
ccitation of precedents. These nine main
points are follows:
"First-The trust agreements of 1879
and 1882 were in unreasonable restraint
Of trade. tended to monopoly, and were
void at common law.
"SeGond-The corporate combination OF
1922 was void under the Sherman act
a combination in restraint of trade
and a monopoly. (a) The defendants
are engaged in interstate commerce
tbJ The amalgamation of the STOCKS of
ard Oil Company of New Jersey as
holding corporation was a combination
in restraint of trade within section 1
of the Sherman act. tc) The control
VI tire toEhiHclNc III pctTOlcuIu anu lke
products by the Standard Oil Company
of New Jersey through It's various sub
sidiary corporations constitutes a monOp-
oily within section 2 of the Sherman act.
Power to Enforce Act.
nation to he In restraint of trade and q
"Third-If the court finds this combi-
monopoly, it is authorized by section ;
to enjoin the same, and has plenary pow
er to make such decree as is necessary
to enforce the terms and provisions of
the act.
"Fourth-Evidence that the defendant
companies obtained rebates and discrim-
ipatory rates in the transportation of
their products, as against their COM
petitors. and engaged in oppressive
methods of competition. thereby destroy
ing the small manufacturers and dealers
throughout the country, is material in
this case.
Fifth-In conspiracy cases it is al
ways permissible to allege and prove
the history and various steps cul-
minating in the final conspiracy, even
though the previous steps were sepa-
rate and distinct offenses, If they tend
to throw light on the present con
spiracy and to show the intent with
which the final acts were committed.
Sixth-A person or corporation join
ing a conspiracy after 1t is formed and
thereafter aiding III it's execution be-
comes from that time as much a con-
spirator as IL he originally designed
and put 1t into operation.
Called Continuous Offense.
Seventh-This conspiracy was a con-
tinuous offense: every overt act COM
mitted in furtherance thereof was q
renewal of the same as to all of the
parties. The statute of limitations docs
not begin to run until the committing
OF the last overt act, neither can the
Darties claim a vested right to violate
the law.
Eighth-It is an elementary principle
of evidence that where two or more
persons are associated together for
some illegal purpose the acts or dec
larations of one or more OF them IN
reference to the common object are ad
MISSILE against all.
Ninth-The Circuit; court Of the United
States had jurisdiction in this case.
Argument in the case will begin next
week, probably toward the middle of the
week. Attorney General Wickersham
will present the oral argument in behalf
of the government.
Specializing on Decision.
There is wide speculation as to when
the court will reach and announce a
decision I'm the case, the guesses running
all the way from May to the next term
of court, beginning in October, but no
one, probably not even the court itself.
knows at this time when the decision
will be reached.
Volume two of the brief contains the
testimony collected by the government
in support of It's charges, and in this
data is some interesting information
about the alleged transactions of the
STANDARD OH Company in the vicinity OF
Wa SbipQton