The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-01-18

| SpSCIdl Assistant
Opens Governments Arugmer i'm
Suit Against Alleged nIcga'
bine-POints Out Wherei is
Opinion, Sherman Law ,6een
Violated - Compan' . ed, but
not Praised Says
Washington, - Painting the
Standard Oil < Aation as bred by
ta."' 3pprsSSi0' ~ sti'orS and hanging
today y Teatening cloud over
the counl - Frank b. Kellogg, spe-
call assistant to the Attorney Gem
eral of the United States, today plead
ed with the Supreme Court of the
United States to dissolve the Stand
ard Oil Company, of New Jersey. as
violative of the Sherman antitrust
law.
He gave to the Court the beginning
| OF the Governments side of the con-
troversy. Mr.. Kellogg followed the
opening remarks in the case by John
G. Milburn, for the Standard Oil. He
went over the early years of the
standards business, leading up to
the central point Of the presert con-
troversy, the reorganization of the
Standard Oil Company, of New
| Jersey, in 1889.
| He characterized this 1aorganiz-
| alton as amounting merely to the SUBJ
stltution of one illegal form of hold
ing together the oil companies for an
other illegal form. The first was the
trust" Of 1882, whereby the stock of
the owners of various oil companies
was put into the hands Of trustees.
and the second, the STANDARD, of
| New Jersey"
Touching on a point Of the defence.
Mr.. Kellogg said that if the COM
panies, whose stock procured by the
Standard in 1889, were not compet-
ing, it was because they were held
together in illegal trusts, that Of
1879 and of 1882.
Take away the fear of prosecu-
ton by the Government and the
Standard OH would put every inde-
pendent in this country out of busi-
ness in five years." Mr.. Kellogg con-
tinued. THE independents can exist
only under the protection Of the
| law"
| In connection with this point.
Chief Justice White asked if the COM
plants against the Standard COM
panies were based upon their meth
DDS, and if objection was made to the
methods because illegal.
| This and siZe," replied Mr.. Ken-
ogg. Great wealth enables them to
use unfair methods, which would not
be illegal in the hands Of the corner
grocery man."
suppose they are a giant, but do
not use a giants strength" suggest
ed Justice McKenna.
| They'd use that power were it not
for the law" came the reply.
Mr.. Kellogg dwelt upon the "enor-
nous profits" of the companies as
further evidence of monopoly. For
instance, there was nothing to show
what happened 10 $4,000, 600 out Of
the earnings of "one small pipe line"
Mr.. Kellogg said that it was paid to
p. S. Trainer.
Who is this man Trainer?" in
qnuired Justice Lurton.
"Oh, he is a purchasing agent in
New Jersey" said Mr.. Kellogg. Il
tried in every way to learn where that
little sum went. The officials of the
Standard, when on the stand, told
me that they could not find out. Mr..
Milburn said that he would not graft
| fy my curiosity by telling me-"
The closing words of Mr.. Milburn
were impressive.
Damned for everything but prais-
ed for nothing, is the way the Stand
ard Oil has been treated by the Gov
elHineHl, Salu ne. In this record
covering forty years of business,
everything the Standard has ever
done is related. 1t has done some
| things in strenuous times that il
should not have done. That was hu-
man. 1t has done nothing that goes
to the issue here.
The evil of the anirmance Of this
decree, it is needless for me to say,
would be monstrous. 1t is frequent
| that the case is lef; IN the hands of a
Court that listens TO reason and never
| hears the voice Of passion and pre-
| judice."