The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-01-14
DAUBS MUD ON
WORD PAINTING
Kellogg Handles Oil King
Without Gloves.
SAY HE FIBBED ON STAND

Railroad Paid Out Fully s5,ooo,oo
to New Jersey Concern = Predicts
Death Of Every Independent Rehn-
cry In Country Within Five Years.
Washington. Jan. IA. The favor
able picture of the Standard OIL com
pany OF New Jersey which John G.
Milburn, attorney for the corporation,
drew for the benefit of the supreme
court was somewhat marred after
Frank b. Kellogg, special counsel for
the government in the case against
the Standard Oil company, had de-
voted more than three hours enumer-
ating the alleged offenses of Mr.. Mil
burns client. lawyer Kellogg was
particularly harsh on John ID. Rookie
feller, charging him with having
made an affidavit that was untrue"
Frank b. Kellogg was manifestly
in earnest when he began his argu-
ment. This is a case against hold
Ing company" said he. Il have lis
tened with admiration to the charm
ing story of counsel, but l shall not
deal In romance. l intend to present
facts that are in this record. | want
to say to this court on my oath as a
member of the bar that the equal Of
this record In oppression has not
been found in the commercial history
Of this country. | distrust my ability
to present the facts"
Mr.. Kellogg introduced his argu-
ment by going back to the formation
Of a South Improvement company in
Pennsylvania, through the agency OF
which, he alleged, the Standard Oil
company began the business Of re-
batting. He declared that the South
Improvement company was the
"rock" upon which the Standard Oil
was builded. He recited again the
story OF the contracts by which the
Standard enjoyed the benefit of re-
bates, not only on Its own shipments.
but also on the shipments Of Its COM
petitors, Even after the Pennsylvania
Legislature, In response to a public
demand, had dissolved the South Inn
provement company. the Standard
continued to eri3by the rebates
through other Influences. He esti-
mated that $5.O00000 in rebates was
paid to the Standard Oil company by
the Pennsylvania railroad alone.
"I have been the attorney for rail,
roads and am familiar with the curse
OF rebates" exclaimed Mr.. Kellogg.
90 lok
shows that the Standard was fatten-
ing up on a steady revenue derived
from the shipments OF It's struggling
competitors, goes beyond anything
that has ever come within my knowl-
edge"
He declared that the Pennsylvania
railroad, to meet the drain upon its
resources by the rebates paid, had ad-
vanced transportation rates on oil,
already prohibitive, to six times what
they were before.
Continuing his narrative, Mr.. Kel-
logg attacked John ID. Rockefeller
personally He told how public indig-
nation against Mr.. Rockefeller and
the Pennsylvania railroad grew be-
cause OF the alleged Determinations
and rebates until finally they were
indicted. He adverted to the fact
that when Mr.. Rockefeller was on
the witness stand he could not re-
member the circumstances connected
with the indictment.
His mind was 30 busy in those
days with the details OF barrel maxi
ing and such matters" said Mr.. Kel-
logg, that the fact that he had been
indicted made no impression upon
his mind, apparently"
AT one time Mr.. Kellogg charged
Mr.. Rockefeller with having made a
false affidavit in 1881, when, in the
course of suit brought in Ohio upon
trade agreement, he met the charge
that the Standard Oil company OF
Ohio was In combination with other
concerns to create monopoly and
control prices. Mr.. Rockefeller, so
Lawyer Kellogg charged, made an af-
fidavit denying any combination or
affiliation with other companies. Mr..
Kellogg said that this was at a time
when the companies were combined
in the trusts of 1879. The charge
aroused the interest of the members
of the court and Justice Holmes sug.
gested that under the peculiar condi-
tions OF the trust of 1879 the affidavit
OF Mr.. Rockefeller may have been
literally true"
81 think not" quickly replied Mr..
Kellogg. with great emphasis. II be-
lieve that even shaving to the wind
as close as you can and giving him
the benefit of every doubt. Mr.. Rock
sfellers affidavit was untrue.
know this; Either he testified falsely
then or he testified falsely in this
case"
The governments attorney then
discussed the acquisition of compet-
ing plants. He referred TO Mr.. Mil
burns statement that the Standard
had purchased only a few unimpor
tant plants, thereby comforting ia
vor on the men who sold them, be-
cause they were no longer profitable.
Mr.. Kellogg said In, reply that the
record showed the purchase of 225
independent concerns. OF which rs