Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1911-01-11
By Associated Press.

WASHINGTON, Jan 1.-THE
final fight of the Standard Oil for
its existence is expected to begin
late today in the United States SUI
preme court, when John G. Mil
burn will lay the foundation in his
argument against its proposed dis
solution under the Sherman anti
trust act.
Prosecutions by the government,
designed to accomplish the dissoluE
tion of STANDARD Oil" and of the
American Tobacco organizations,
embodying the greatest antitrust
fight of the generation, will now be
taken up for the second time by
the supreme court of the United
States. Continuing its considera-
tion of affairs of government, the
court will Immediately afterwards
give it's attention to the constitution
ality of the corporation tax provi-
sions of the Payne-Aldrich tariff
act.
The Standard Oil and the tobacco
cases put the Sherman antitrust
law to the most crucial test to
which it has been subjected during
the twenty years of its existence.
The corporation tax cases place on
trial the power of the federal gov
ernment over corporations. The
contention has been made that if
the Standard Oil and the tobacco
organizations are dissolved the gov
ernment will be forced to license
corporations in order to allow le-
gitimate business to be carried on.
The corporation tax decision may
define the power of the federal gov
eminent over corporations so as to
guide this proposed subsequent leg
islation. Incidentally, about $685.
100000 annually in taxes depend
upon the decision.
Although the tobacco case is to
be argued first, the Standard Oil
suit has attracted more attention
Attorney General Wickersham has
referred to the Standard Oil case
as probably the most important
that ever came before the court.
History of the Case.
The Standard Oil suit was inaug-
urated in 1906 in the circuit court
of the United States for the eastern
division of the eastern judicial dis
trict OF Missouri. The federal gov
ernment was the complaining party
1T claimed that the Standard Oil
company of New Jersey, as hold
ing company, acquired since 1899
and held by direct stock owner
ship 65 companies. These 65, It.
was alleged, owned the stock of 40
other companies, making total of
ia companies. The government
asked that this organization be dis
solved under the Sherman antitrust
law.
A year was taken by the four
judges in the circuit court to pass
on the case. BY unanimous agree
ment, decree was entered by the
court dissolving the organization,
both because it was in restraint
of interstate commerce" and be-
cause it was attempting to monop-
olize.' Before the decree became
effective an appeal carried the case
to the supreme court.
The tobacco case was instituted
in 1907 in the circuit court of the
United States for the southern dis
trict Of New York. The govern
ment here, too, was the complain
ing party. Allies in the various
branches of the tobacco business,
with combined assets of more than
100000 900. constituted the or
ganization which the government
sought to have the courts dissolve.
The four judges each rendered
separate opinions in the tobacco
case, but three of them united in a
decree, holding many of the cor
porations had entered into COM
bination ''in restraint of trade" in
violation of the first section of the
Sherman antitrust act. These
three decreed the dissolution OF this