Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-03-17

question for the supreme court of the
United States alone. The final argu-
| mcnt of the famous suit to dissolve the
Standard Oil Co of New Jersey, as a
conspiracy and a monopoly in viola =
ton of the Sherman antitrust law
was made today. and the court took
the matter under consideration
The third day in the contest of coCn-
sci before the court was a memorable
one not only because of the arguments
but also because of the interest mani
tested in the proceedings, both by the
bench and by the people who We're at
tracted to the court. Rules of the court
prohibiting spectators standing in its
presence were swept aside and men,
bers of Congress stood around the wall
of the room. Not in years have so
many persons been packed into the
little chamber.
1t fell to Attorney General Wicker
sharl on the side of the government
and John G. Johnson for the defence
to make the closing remarks. In addi-
ton, D. r. Watson, another Standard
Oil counsel addressed the court
earlier in the day.
Mr.. Wickersham tainted the COM
pany's lawyers for desiring to- cast
the veil of oblivion over it's past" He
spoke of that past as containing Ia
tional scandal which the courts and
Legislatures We're called upon to put
down. Somewhat lengthily he empha-
sized the position that the re-organi2-
alton of 1899 gave the Standard Oil a
stronger organization than it pos
-, ION, n fl-
prevented the subsidiary companies
from becoming competing ones.
He then turned to the question of
what constituts q monopoly. In closing
he urged the court not to be nftu-
enced by the cry that this proceeding
was a blow directed at business be
cause such cry had been made often
before and proven groundless.'
The closing address by Mr.. Johnson
was rarity a reply to Mr.. Wickersham.
Although the wolf may not have come
at first. he tod the court, when it did
come it was too late to cry.
He paid his compliments to Franz.
Il. Kelloggs, author of the petition for
the government and on which the de-
cree OF dissolution before the court
for review was based. Mr.. Johnson
told the court it reminded him of tn"
contents of the witches caldron in
Macbeth in that it appeared to nave
been made of collection frCm the
scrap books of disappointed oil produc-
ers and mag azinists-female or 9TH
erwise." The best part about 1t. he
told the court was that it ended with
q prayer.
Mr.. johnson interpreted what he
designated as THE new doctrine of
potential 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 nonopilZe the
manufacture of refined oil. when we
control only II per cent. OF the crud"
oil output
But they complain that with our
enormous amount Of wealth we drove
our competitors out of business" he
exclaimed. Are you going to conduct
business on the race track prlnclPle
and nut the whip to the man VINO pos
sess wealth? Are YOU going to taboo
Wcalth?"
I'VE do have pipe lines" he shouted
I'VE do have engines and boilers but
is that any reason why our Compel
itors should get heat and steam from
us? There is no federal law which re
ouires that. thank God. as yet. | am
speaking Of the present. Your honorS
may be called upon-not in my life
tirne--to pass upon a law that says
how much a man shall own but that
Question is not now before YOU
Mr.. Johnson next turned to the sub
iect of unfair competition. lis there
a kind of soft competition, Pickwick-
ian competition, a kind of kid-glove
variety" he asked, where they just
compote so nicely that it won't hurt?
General sherman used word in de-
scrihing what war is; l won't use the
word in YOUR honors' presence; but
that is what competition is Yet they
COMPLAIN because we undersoid some
one"
There are plenty of laws that could
reach unfair competition if it be il
legal, he said. The law which permits
a s2S. 900 fine to be LAID. ne contend
ed was not "A Picllwickian law,
In closing he pleaded with the court
not to strike down a legitimate busl-
ness or deprive the men he represented
Of their organization. The remedy
the government asks you TO apply
said he is not unlike the surgical
oneration of amputating the foot TO
ro,,ox.a a thorn from the toe.