The Washington herald., 1911-01-18
CLOSES ARGUMENT
FOR STANDARD OIL
Counsel Asks Conservatism
in Handling Case.
NOW "MoMENT0Us QUESTION:
PerOratiOn OF John q. johnson
Turned Over to Supreme Court,
vfsement with Tobacco Trust Suit.
Decision Expected Before Recess.

In closing the argument in behalf of
his client. the Standard Oil Company, in
the United States Supreme Court yeSter-
day. John G. johnson, Of Philadelphia.
made an impassioned appeal for con-
servatism in dealing with corporations.
With the conclusion of Mr.. johnson s
Eeroration, the .'momenbOiS question, as
Attorney John G. Mlburn. for the
Standard Oil Company, characterized it.
was turned over to the court. Il was
taken under advisement along with the
American Tobacco Company case. and a
decision may he expected before the sum-
g. recess of the court.
Nowadays We hear a great deal of
what is called or StigmatiDed rsza6uonary
courts" said Mr. johnson. 'by which I
understand the courts that go to the
statutes as printed and to the volumes
OF decisions by which the law is settled
and not to the files Of newspapers or to
the speeches of oratorical denoaSoEues.
Boon to Country.
In a moment of f1ys1ericaI coutempaa-
ton Of the sins of others We are apt to
mistake the extent of others and the
remedy to be applied. In the case of
these large corporations the need is not
for their cxtirpation. BY their mere
Without these corporations. prices would
he higher: hundreds OF millions of men
would be deprived of employment and our
foreiSn trade would be Destroyed
Mr.. johnson then replied to the remarks
of Mer. Kellogg that unless the Sherman
law was enforced the Standard would
drive all independents out of business
within five years.
Mr.. Kellogg need not fear any over
hos rIfi h2-
judges said Mr. Johnson. ''and he hard
" need lose any sleep over their reseN-
ing any favor form jlries.
When the case opened at noon Attor-
ney General Mr.. Wickrrsham resumed
his argument at the point it waS iner-
rupted Monday by adjournment of court.
Purpose of tho Law.
The Sherman antitrust act was passed
10 reach and punish just such combina-
tions as the Standard Oil Company as
serted the Attorney General When it
was passed. the people were alarmed over
the growing power OF these combinations.
All the country was filled with alarm
over the growing evil
Mr.. WickcrSham quoted from Il speech
Of Senator Sherman to show that the
author of the Sherman law had the
Standards practices in mind when he ad-
vocated the Passage OF the legislation.
That Senator had said that the law WIS
intended 10 give the Federal government
control over such monopolicS. just as the
States up to thai time had controlled
them under State statutes by the appl-
cation of the coInTnen law.
Attorney General Wickorsham concIud-|
ed after about thirty minutes and Mr..
Johnson began the closing argument for
the Standard company.
The government counsel had gone back
forty years. said Mr.. Johnson. in OPEN
ing, Ito give color and raise the ncceS-
Sary indignation to sustain the case"
Mr. Johnson laid down number of
propositions upon which the case turned
according to his conception of the case
He read from the late Senator Hoars
definition of '-monopoly. given when
tht Sherman law was under consideration.
Mr.. Hoar put il upon the basis of ''en-
crossing a. known to the English COM
mon law. Mr.. Johnson advised the court
to look to tho intent of the authors of
the Sherman act. of whom eSnator oIIar