The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-05-18

such magnitude, and the resume"
of facts expected to be proved by the
Government so voluminoas, that the
Court appointed a master to take;
the testimony. Over two years was
spent in this task. Witnesses were
examined all over the country.
Frank B. Kellogg was the Govern
ment's attorney, and opposing him
was Moritz Rosenthal, who was re-
puted to have been paid $1,000 for
every day he appeared In Court.
There were four or five other legal
assistants. 4
At the actual trial, before the Cir
cult Court, the Trust was represented
by John G. Johnson, of Philadelphia,
and John G. Milburn, Of New York,
two of the greatest corporation at
|torneys in the country, Kellogg ar
gued in behalf of the Government.
On November 20, 1909, the Court
sustained practically every conten-
ton made by the Government, ad-
judged the combine trust in re-
straint Of trade, and reading the
Sherman law broadly, ordered the
absolute dissolution Of the combine.
BY its decree, the holding comp
any," the Standard Oil of New Jersey.
was enjoined. from voting the shares
lof stock in any of the companies con-
trolled by It, or from receiving any
dividends therefrom.
From the decision, the Oil Trust
appealed, alleging &C errors in the
decree. Briefly, these were that the
court erred In compelling non-resi-
dent corporations and individuals to
appear at St. Louis; In 0ver-ruling
the plea of the defendants that the
court had no Jurisdiction; In finding
that the 10 corporations absorbed by
the Standard of New Jersey in 1899
were then competitive; in finding
that the seven individual defendants
in the ten years prior to 1899 had
acquired competing companies to
suppress competition; that the subsi-
diary companies in the combine were
entirely controlled by the parent
corporation, and that an exchange
Of stock for an interest in q single
corporation was illegal.
Argued Last Spring.
The case was first argued before
the Supreme Court last spring. The
Highest Tribunal then only includ-5
ed eight active members. because Of
Justice Moody's illness, and short
ly after the arguments, only sevens
through the death Of Justice Brew
er. Because this was not . full
bench, the Court ordered the cases
re-submitted.
BY the appointment Of Gov. Hughes
of New York, and. later, the selec-
tion Of Justices Van Deranter and
Lamar, and the naming Of Justice
White as Chief Justice, the bench
was complete on January 9, whom
the case was again argued. Kellogg
again appeared for the Government,
with Attorney General Wickereham
az his assistant. Milburn, Juhnson
and D. T. Watson, Of PittsburE. ar-
gued for the defendant. The Court
broke all precendents In granting
five whole days for the arguments. @
About $500, 900, 900 Of capital n
invested in the various companies
which go to make up the combine.
The record in the case = full of
instances whore the giant power of
the combination was used 70 force
competitors to the wall. The trust
carried on ito business IN sect1ouD
whore there was prejudice saglinst
''trust' products, through concssnG
which. although absolutely control.
lied BY the stand lard, advertised tha4n-
selves g. sntiraly speAdent 4
treceived rebates from f1ilroads. aS0
Il had Q system Of fN1pyfn9 IN TN
business Of their compositions