The Birmingham age-herald., 1911-05-16

of stock, of the power of many stockhold-
 CTS holding the same proportions respec- lively of the majority of the stock of each of several corpora tions engaged in commerce in the same articles among tho states, or with foreign nations, to restrict
 competition therein, rndered the power thus vested in the corporation of person
 greater, more easily exercised, more dura-
 ble and more effective than that previ- ously held by the stockholders. In, these
 effects, the court foundra restraint on commerce.
 The court then proceeded to evolve a plan to remedy the situation. It entered
 a decree, enjoinng the Standard Oil company, of New Jersey, from exercising
 any control by reason of its stock owner ship over the subsidiary companies. Fur thermore, 1t enjoined these subsidiary companies from paying any dividends to the Standard oil company of New Jer- sey It put a provision in the decree to
 enjoin any possible evasion of the de- cree by the organization of similar
 combination or of the conveyance of the
 property to one of the defendants. Unless the defendants should sever the
 relations and cease the combination with
 in thirty days. they were to be enjoined from engaging in interstate commerce
 until they did cease the combination.
 From the circuit court the case was
 brought to the supreme court of the United States The record laid before the
 higher tribunal probably was the largest
 ever prepared in an American case. The
 petition. pleadings, testimony. opinions
 and decree constituted twenty-two large volumes or more than 800 pages each. The case was first argued before the supreme court in March, 1910, but It was restored to the docket for reargument-
 The case was heard the second time in January, 1911, the latter time before a full bench. Noted attorneys appeared on either side For the government, Attor-
 ney General Wickersham and Frank B.
 Kellogg special assistant to the attor- ney general addressed the court. For the Standard Oil there appeared John G. Johnson, of Philadelphia; John c. Ml- burn. of New York, and D. T. Watson. of Pittsburg.
 Kellogg's Address
 In his address to the court, MT. Kel- logg who took all the testimony in the
 case on behalf of the government said that the Standard Oil organization was
 not a natural growth but was born and
 reared In fraud and oppression, and | 'hangs over the commerce of this coun- try today like a threatening cloud" | The Standard Oil company of New Jersey. he told the court controlled from l & to 97 per cent of the oil business of the country. with a financial power be- yond that possessed by any other eom- bination ever known. The combination, he added, was made effective and powerful by reason of preferential rates and rebates in transportation. the great est ever known to have been made. and l by unfair and brutal methods of compe- tition. which in and of themselves be- tween merchants and corner-grocery men would not be dangerous. but in the l-- @F {nf ~. ar1A of this power are the most dangerous instruments to independent dealers, man. ufacturers and men engaging in enter prise known in commerce" < Johnson Closes
 The other side of the contest was sum>
 marized by John G. Johnson in the closs ing argument ipt the case. He declared that the country did not suffer by the
 mere largeness of the corporation. but profited. For the alleged sins that the corporation had committed, he argued, there existed an adequate remedy at law, and therefore it was not necessary for equity to step in to dissolve the corpo-
 ration. He denied that rebates were be. | ing accepted by tine corporation now. or that 1t was cutting prices or organizing secret concerns. and characterized the governments references to them in the past as necessary to give the proper
 color and raise the proper amount of in- dignation'' in the case. He declared that the Standard oil organization was the
 result of orderly growth.
 Let the channels of commerce be open for all who may desire to enter." said ne in closing, whether with ocean steamer or with dugout. with Rockefeller wealth
 or with naught but their brains and their hands. unfettered by their own improper restraints, and uninterfered with by the
 abuses of others. and all will have been done that is wise. Beyond that lies the antagonsm of irresistible economic ne- cessity, and danger of disaster the length and the breadth of which no man can foretell''