Omaha daily bee., 1910-03-17
Attorney General Wickersham Takes
Last Rap at Company.
70 CROWD SEES CLOSING BATTLE
Number of Spectators Break All Rec
ords in Court Chamber.
SHALL COMBINE BE DISSOLVED
This IN the Question Left for Decision,
Depending Upon Charges OF
Conspiracy and
Monopoly. 90

WASHINGTON, March 1e.-The dissolu-
tlon Of STANDARD or is now a question
for the supreme court OF the United States
to grapple with alone. The final argument
Of the famous suit to dissolve the Standard
oil company Of New Jersey as conspiracy
and monopoly in violation Of the sher-
man antitrust law was made today, and
the court took the matter under considera-
tion.
The third day In the contest Of counsel
before the court was memorable one,
not only because OF tho arguments made,
but also because Of the interest mani
Tested in the proceedings, both on the part
OF the bench and by the people who
were attracted to the court
Record Crowd in Court.
Rules OF the court prohibiting spectators
standing in it's presence were swept aside,
and members of congress stood around the
wall Of the room. Not in years have so
many persons been packed into the little
chamber.
It fell 70 Attorney General wickersham
on the side OF the government and John
@. Johnson, for the defense to make the
closing remarks. In addition, d. T. Wat
son, another Standard OIL counsel, ad-
dressed the court earlier in the day.
Mr.. wickersham taunted his opponent for
desiring 10 cast the veil Of oblivion over
its past" He spoke Of that past as con-
tanning a national scandal which the courts
and the legislators were called upon to
put down. Somewhat extendedly he en-
phasized the position that the reorganiza-
ton OF 1899 gave the Standard OIL a more
solidlfied organization than IL possessed
before, an organization which prevented
the subsidiary companies from becoming
competitors.
Question of Monopoly.
He turned TO the question of what con-
stitutes monopoly. 1 nclose he urged
the court not 20 be influenced by the cry
that this proceeding was a blow directed
at buaaness. sheeause such cry had been
made often before and proven ground
less"
The closing address of Mr.. Johnson was
partly a reply to Mr.. wickersham AL
though the wolf may have not come at
first, he told the court, when 1t did come
II was too late to cry.
He paid his compliments to Frank b.
kellogg, author of the petition Of the
government, filed in the circuit court of
the United States for the Eastern dis
trict of Missouri and on which the de-
cree of dissolution before the court for
review, was based Mr., Johnson told the
court II reminded him of the contents of
the witches cauldron in Macbeth" in
that II appeared to have been made UP
of a collection from the scrap books of
disappointed oil producers and "maga-
zinists, female or otherwise" The best
part about it, he told the court, was that
It ended with prayer.
Doctrine of ''TaIxe An.v
Mr.. johnson interpreted what he de-
designated as "the new doctrine of po-
tential competition" as an attempt to
require each Individual to compete with
himself. Turning to another phase of the
controversy, he asked How on earth
could we monopolize the manufacture of
refined oil when we control only IL per
cent of the crude oil outputY
But they complain that with our enor-
NOUS amount OF wealth we drove our COM
4 petitors out of business" he exclaimed
: Are you going to conduct business on the
race track principle and put a handicap to
the man who possesses wealth. Are YOU
going TO taboo wealth."
With sarcasm depleted on his face as he.
walked back and forth before the bench
he expressed his surprise that such iniqui-
ties as had been complained OF existed in
this country.
I'VE do have pipe line" he shouted. I'VE
DO have engines and boilers but is that
sNNs ANeSooh why our COAupSAllOFS HuQQlQ Get
heat and steam from us? There is no fed
eral law which requires that as yet thank
God. / am speaking of the present. Your
honors may be called upon-not in my life
tme-to pass upon a law that says how
much a man shall own. But that question
Is not now before YOU"
MT Johnson next turned to the subject
OF unfair competition.
Kid GLOVE COmpetitfon.
Is there a kind Of soft competition.
A'VA"oklan competition, a kind of kid
glove vsriety2' he asked, where they lust
compete so nicely that Il won't hurt? Gen
eral sherman used a word In describing
what war Is; won't use the word In your
hohor !, presence, but that Is what compe-
uuon Is. Yet they complain because we
undersod someone"
There are plenty OF laws that co,,I5 roach
unfair competition IL It be illegal, he said
The law which permits a s29. 100000 fine 10
be laid, he contended was not "a P,ok-
vioRan law."
In closing, he pleaded with the court not
to strike down q legitimate business. or
deprive the men he represented OF their
organization
"The remedy the government asks Won 70
apply" said he rs not unlike the surgical
operation OF amputating the foot TO remove
a thorn from the toe"
Combine of 1859.
Mr.. Watson. who began his argument
late yesterday. had for one OF his tasks CON
Vinoing the court, n possible, that the only
act OF alleged conspiracy or monopoly be-
sfore II was the combining OF corporations
Nh 1893. This was the only act the circuit
court OF the United States for the eastern
district OF Missouri had decreed against.
and as the government had not appealed,
he urged, the supreme court could consider
none OF the other alleged monoponstic ac-
tivities talked about by opposing counsel
Scarcely had Mr Watson taken up the