The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-03-09

BE HEARD MONDAY
Governments Brief Not Yet
Ready-Attorneys for Standard
Oil Defend Organization and
Say Business Is Lawful and
Victory Of Creative
Skill.
washington, D. c., March s.-The
standard OIL to-day filed in the Su-
preme Court OF the United states its
brief in opposition to the attempt %
The government to dissolve 1t as vlo-
lating the Sherman antitrust ia"
This dissolution was ordered by the
Circuit Court OF the United States foT
thc Eastern District of Missouri az q
result OF a petition flied by the govern
ment In 1905. Whether or not the oc'
cree Of dissolution shall stand VIII CONE 81,
IN on Monday for oral argument IN tne
s,,nreme Court. Frank B. kelloss IS
now in this city putting the hnishins
touches on the brief of the government
while Attorney General Wickersha1l .! rs
understood to be preparing an ora! ar
sument OF the case.
The keynote OF the dctensc - VIC
so-called preservation OF the , .sn.s
of Individual citizens of the United
| States.
Issue Is outlined.
4 The issue, according to this orict' 10
4 the charge, made IN the petitlon, ae,
i MED In tile answer, ana Teasscl.uu ,.
/ in tho replication, that the seven i,,oi- nv.
yidual defendants-John y. hoGheiell.'' = ~.
\ Wi,l,am r. Rockefeller, John y. Arch-
mid. oliver II. Payne, Henry NJ FIag-
Islor. Charles NJ. Pratt and Henry II. Ro-
/ rers-combined and conspired. and con-
i,nued to combine and, conspirc at the
time the petition was nled. TO restrain
4 interstate trade in oil and to gain
monopoly OF II. ,,,.a,,,.
The brief asserts that the Circuit
l4conrt of the United States for the
Eastern District of Missouri whose az :
;. verse decree the defendants seek 70
oyerturn. held that solely because these .
Individual Joint owners OF group ol
mon competitive properties engaged 1oi
Iforty years in private trade. Instead OF
continuing to hold through trustees
controlled by these seven defendants,
u changed in s99,. as the brt sd " - he
method of holding their prop les py
conveying them to the Standard Oll
s company of New Jersey. and that such
change was violation OF the sherman
ri Ianti-trust act.
This decree is complained Of as un-
lust to the men. who, according 10 the
brief. were lawful group, lawfully
doing business, and who, after VIVA, tt ,
is described as a mere CONVEYANCE, aho y.
solely by reason thereof became. II y y
Il charged. "a group OF lawless consplr-
ators.
Ways and Means Defended.
!. The claim that the seven individuals
are enga ged in lawful business Is en-
..rhe STANDARD Oil business as !,
existed in 1906, and still exists, say!
!, the brief. was the natural develop
Iment and outgrowth OF the business
begun in 1862 and steadily pursued D!
! the Rockefellers and others,
"By untiring energy with infinite
E skill, with abundant capital and IN
I5steady reinvestmentS Of carly profit
e these men and their associates create
4 out OF an entirely new. unique and un
Z precedented production OF crude oi
new, universally used and cheapes
illuminant thesworld has known.
= "By creative Skill they secured fror
! refuse oil valuable by-products. The
invented the huge reservoirs Tor stof
ing oil--the combined pipe line sys s
& TEN which gathers up and carries tn
I natural products-the tank cars whic
Il carry the refined product.
e. "They created the export trade
It oil. transporting it in ships Of the
: Town construction and selling it
g Asia. India, China, Japan. Russia an
= all Europe. They devised the tradin
d stations-the tank delivery wagons
s. and used every means to cheapen II
= product and quality.
:. !. Success by Unexpected Means.
= = "From 1852 to 19O6 (forty. four year!
ii is the work went on. They took the 5rls
N OF the failure In production, OF d
" struction by force and tempest, beside
u all the ordinary risks OF trade. The
\ met all emergencies with competel
q 4. skill and sufficient funds.
,s THE unexpected enormous increa
1t In production greatly Increased the
lie business and added to Its importan
y and profit Their methods OF holdlr
ID their Joint properties and the manag
i. ment of them were dictated by &c
~ nomic reasons. 58s8
t"They used the best and cheape
methods in the holding Of titles, al
ingt the transportation. production, r
nning and sale OF oil. They soug
to and did always produce the be
tn and cheapest product.
b "They competed with the same e
rs ergy and skill they built UP.
q e5 They succeeded, as IL one had q
81 - veloped unexpectedly a gold or a
ne mond mine. and abundant reven
MS legitimately became theirs.
90 .TheirF business thus created was
rs lawful one. The owners thereot we
ch and are lawfully entitled to contin
~ an the same.
~ ~ is FINAL ~ EXPOSED