The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-12
Closing Arguments in
Tobacco Trust" Case
Are Made.
STANDARD OIL TO
+ IG Hi FOR LIFE
Supreme Court Will Listen to
Pleas For and Against DISCO
luton of Alleged Oil Trust.
Giant Corporation Lost
It's Case in the Lower
Courts.

Washington. January lin tho
closing arguments to-day in the con-
United states over the proposed dis
solution OF the o-called Tobacco
Trust" the issue between the trust
and the government became more To-
cnli2ed than ever before luis was
practically true in regard to the in
depreciation of the ''monopolizing' sec
ton of the sherman ANTITRUST law.
which never has been passed upon oy
the court.
In interpreting this section Of the
law. Junius Parker. speaking tor John
il. Johnson. who was unable TO be- III
court. sa id on behalf of the tobacco or
ganization. that business Of an organ
ization or moro power possessed hy 1t.
was not a criterion of a monopoly. 1t
was argued that there must be an eX-
clusion. or attempt to exclude others.
from interstate trade by means al least
tortous under the common law or
under statutes other than the Sherman
Law.
wicI<ershnm objects.
Attorney General Wickersham. for
tho government. objected to this inter
probation. and gave another TO tins
court. He said that decisions of the
court itself had demonstrated that 1t
was brought about by acts of indi-
viduals in endeavoring To enSross to
themselves all or given commodity
and that 1t has become question OF in
tent
Evidently bearing in mind sugges
lions maze earlier IN the day by Chief
Justice White that intent as n criterion
of violation of tho law was uncer-
tain and made 1t impossible for the
business man to know whether he was
q In las, 10 u,
passed on his case. Attorney General
Wickcrsham argued that Intent was
no more uncertain than "fraud." which
was punished by the law.
The arguments OF the day were made
by w. b. Hornblower representing tie
Imperial Tobacco Company. of Great
Britain: s. NJ. Stroock, representing the
United Cigar stores Company; MIR Par
ker. for the Ameicun Tobacco Company,
and Mr.. Wickershum Mr. Wickersham
will be given few minutes to- NOR
row TO conclude. Thereafter argu-
ments In the Standard Oil Company
dissolution suit Will be taken up.
Mr.. Wickersham devoted much of
his time to-day to showing that the
tobacco organization had been built
up With an intent to restrain trade and
to monopolize the business He rid-
culed the testimony of the officials OF
the American Tobacco Company, where
III theE maintained that they never had
any idea of restraining trade
The Standard OIL Fight.
The final fight OF STANDARD or for
its very existence under the present
organization will begin Tomorrow
John G. Milburn, of New York, will
lay before the court the foundation Tor
the defense of the Standard.
The suit under the Sherman anti
trust law to dissolve the Standard OIL
m t1a tr,,
the Circuit Court of the United States
for the Eastern District of Missouri
The proceedings were begun by the
Department of Justice in the name OF
the United States against III cor
porations and seven individuals.
The principal corporation was the
Standard Oil Company, of New Jersey.
From 1852 to the present time.
this company Is said to have
operated rehneries itself, but in 1899
It's stock was Increased 10 $4,000 ,00e
so as to enable it TO acquire the stock
of nineteen other oil companies. which
In turn owned large number OF COM
panies concerned In the OIL business.
The Standard Oil Company Of New
Jersey was designated as "A holding
company, and is similar to the Ameri-
can Tobacco Company. the organi2a-
ton of which is now being considered
by the court
individuals Named.
The seven individuals named In the
suit as defendants were John II. Rookie
foller. William Rockefeller. Henry N.
fiagler. Henry II. Rogers. John H.
Archbold. oliver H. Payne and Charles
NJ Pratt. The part these men are said
TO nave played in the alleged violation
OF the sherman anti-trust law has been
summarized b. the government as fol-
lows:
bout 1870 no nfaIj
FlaEler conceived the purpose Of con-
ttoliinG the petroleum trade. both do
mestic and export. and obtaining
monopoly thereof
They entered into a conspiracy To
accomplish this purpose. which from
'ime to time took the form of variou.
combinations shortly after 1870 Tho
IiockcfclcrS ana ltlagler were Joined in
tile conspiracy by Rogers. Archbo,d
Payne and Pratt
The form which the alleged cousrir-
acy took is described by the govern
mcnt as being from 1870 to 1852 u
combination between q large. number OF
manufacturers, who acted in harmony
ana whose stock interests wcrc~-iruulcil
In the hands Of three trustees in 1872
From 1882 To 1929 the form. OF the AZ.
legged combination was that OF trus:
agreement whereby the stock or Il
large number OF corporations MAS
placed In the hands Of trustees WHO
managed the property. From 1899 re
the present time the combination ~ x
alleged to have taken the form cf
holding comPany, tile standard OH
Company OF Kew Jersey,
iost In Circuit Court.
The four Judges in The Circuit Court
found that standard oil was an illegal \
combination in restraint % Interstate
commerce and was also monopoiaiag
tho oil trade, y decree was entered