Evening star., 1911-01-12
Arguments of Counsel Before
the Supreme Tribunal.
TWO BIG CASES ON HEARING
Attorney General Concludes Presen-
tation in Tobacco Prosecution.
LARGE INTERESTS INVOLVED
Counsel's Opening Address for
Standard Oil Company Arraigned
Under Sherman Law.

| With the closing words in the great fight
| Of the government against the so-called
| tobacco trust and the opening words
| of the even greater contest over the con-
!, tinued existence of the Standard Oil or
| ganization crowded into one day, the Su-
| preme Court of the United States was an
unusual center of attraction today.
| Representatives of many interests were
! present to hear the final arguments of
Attorney General Wickersham in the to-
bacco case. On these might rest the
prosecutions of the future, or might be
found justification of the existence OF
other business concerns
Opening in Standard Oil Case.
Much interest attached to the opening
address of John G.. Milburn of New York.
representing the Standard Oil. Attorneys
We're anxious to learn whether any
change had been made in the array of ar
guments by means of which the Standard
Oil hopes to remain intact.
Besides those interested in the technical
side of the two big contests. as many
men and women from the various walks
of life as could crowd into the little court
room did so.
In his closing remarks Attorney General
Wickersham declared that except for the
corporate organization sought to be dis
solved by the government the American
tobacco interest would not "have come
within million miles of the power it
eXerts today.
Definition of Issues.
IF your honors please, this was a pro-
ceeding in the eastern division of the
eastern district of Missouri against the
r1
and seventy-eight other defendants" In
these words Mr.. Milburn introduced the
eliminating contest between the Standard
Oil corporation and the government
Since Mr.. Milburn performed a SINH
lar function last March, when the s.
solution suit was first argued before
the Supreme Court three new judges had
taken their places on the bench. They
were Justices Hughes, Van Devanter and
Lamar. OF these. Justice Van Devan-
ter, rs judge of the circuit court.
passed on the case in the lower court
and held that the organization should
be dissolved. He was in his seat today.
making full bench. No announcement
was made as to whether or not he
would participate in the preparation of
any opinion by the court. but it was
generally believed that such was his
intention.
Review Of History.
Mr.. AIiburn first reviewed the history
of the Standard Oil. In his history of
chaotic conditions in the oil business be-
tween 1860 and 1870, due, he said, to an
overproduction of refining capacity, Mr.
Milburn introduced to the court the char
acter Of John D. Rockefeller This is
the way he did it:
There was out there in Cleveland a
young man in the early sixties with
siaaH, amount of money, which he had
sa veda kwho possessed the gift of genius
He had the genius for business and there
is a genius for business just as there is
genius for war or poetry or painting
That man was John D. Rockefeller. He
sa" mat TINS overproduction of refiner-
les was to be met by volume Of business
so as to Withstand the lower profits"
lie then told how Rockefeller allied
himself with Andrews. practical oil re-
nner, and how with the exercise Of
their consequent good standing among
hnanciers they grew rapidly.
Railroads Compete for Business.
In his history of growth Mr.. Milburn
described the bitter warfare of railroads
for the business of the Ohio oil men.
Slowly he told his story as it ran
through various trust" agreements and
interpretations until finally the capital
stock of the Standard Oil Company of
New Jersey was expanded in 1899 so that
it could be exchanged for the stock of
nineteen other corporations. controlling in
turn many further corporations empha-
sizing that the Standard Oil of New Jer-
sey was owned by common owners that
had owned the subsidiary corporations
and their properties since 1879 in exactly
the same proportions.
ARGUES TOBACCO CASE.