The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-05-16

q depleted bench. there being two va
cancies at the time.
The case was set for argument Oc-
tober II. 1910. but upon motion OF At.
torney General wickersham. 1t went
over until November IA. Before this
date, however. Chief Justice Fuller
died and Justice Moody resigned. This
made II mandatory that the case
should go over until President Taft
had appointed new justices TO fiji the
vacancies on the bench. When Justice
White was appointed chief justice. 1t
was soon afterwards announced that
the argument in the case would be set
for January 3. Il was not heard, how
ever until January II. 1911.
The testimony taken in the case COW
ers about twenty-eight bound volumes
of about l 500 printed pages each. Ar
guments and briefs submitted by coun-
sci on either side number nearly fifty
separate volumes of varying length.
The governments brief gave an ex-
haustive history of the formation OF
the Standard Oil company and it's OPP
erations. II supported the contention
that the corporation was doing bust.
ness in violtion of the Sherman anti
trust law.
Formed Trust In 1879.
II showed that the trust was formed
in 1879. and that agreements were en-
tered into which tended to create a
monopoly. Under other captions. the
briefs detailed alleged acts as follows:
That the corporation combination of
1899 was void. as a combination in re-
straint OF trade: that the defendants
were engaged in interstate commerce;
that the amalgamation OF the stocks of
all Standard Oil corporations in 1899
with the Standard Oil company of
New Jersey as a holding corporation.
was combination in restraint of
trade; that the control Of the COM
merce in petroleum by the Standard
Oil company of New Jersey through
its various subsidiary competitions con-
stituted a monopoly; that the defend.
ant company obtained rebates and dis.
criminatory rates in the transporta.
ton Of their products as against COM
petitors, and engaged in oppressive
methods of competition, thereby des-
troying small manufacturers and deal.
ers.
Briefs filed in behalf of the Standard
Oil company attacked the stand taken
by the government attorneys. 1t was
pointed out that the plants and proper.
ties Of the Standard Gil company were
in a common ownership since their &C
QUESTION; that the Sherman act had no
application to the acquisition by the
Standard Oil company of New Jersey
OF the stocks Of manufacturing and
ming or producing corporations. II
was declared that IL the combinations
were not allowed, the parties in the
conduct of their business would be re.
stricted. and that the acquisition OF
stocks of subsidiary concerns was not
combination or conspiracy in re-
straint of trade.
On January II, 1911, when the cases
were reargued before the supreme
court, Attorney General Wickersham
and Assistant Attorneys Frank B. KEEL
logg and c. A. Severance appeared fol
the government. Opposed to them and
defending the Standard Oil company's
interests were John G. Johnson, Johr
G.. Milburn and d. T. Watson, these
attorneys being among the leading
members of the American bar.
At this time. the governments CHIEF
object was to have the court declare
void the corporate organization of 1879!
whereby the Standard Oil company o.
New Jersey with its increased capital
ization exchanged stocks for the stocl
of nineteen other oil corporations
which controlled in turn a great many
more such corporations.
The government also contended tha
the court should consider the com
pany's alleged price cutting to driv,
competitors out of business, rebating
and preying on competitors by secre
organizations.