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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Dec. 26, 1909)
THE SUNDAY OKEGOXIAX, PORTLAAX, DECEMBER 26. 1909. MLN WILL FIGHT fOU oils urn. There Are Six, and Each Is a Famous Corporatibn Lawyer. Career of Mortis mer F. Elliott, jthe Standard's -General Counsel who Er e. j. edwards. M iOKTISIER F. ELLIOTT, John O. Mliburn, John O. Johnson, David T. Watson. Morltz Rosenthal. John S. Miller will these half dozen men be able to "save the most famous of the world's trusts from dissolution? For this is the array of eminent coun sel that the Standard Oil Company will have before the United States Supreme Court when that great "body Is asked j to pass upon the decision of the United States. Circuit Court of Appeals, re cently made, that the Standard Oil Com pany restrains trade and stifles com petition In direct violation of the Sher man anti-trust act, and, therefore, must le dissolved. In other words, these aro the half dozen of men who will fight for the great oil trust as it stands in the last ditch. Clearly, It Is , to be an epochal battl.; In which they are to take part, and if they should lose ? But, in any event, from now on until the Re public's final Judicial tribunal hands down Its decision, they are pretty sure to be continually in the public eye. and their actions uppermost' in the minds of a good many citizens of the land. Standard's General Counsel. On the 14th floor of 28 Broadway, a building which has National notoriety, since it Is the home of the Standard Oil Company, and In a suite of offices which nave such a southern exposure that it is poEsiblo to sweep from tho windows pretty much all of New York Bay, the general counsel of the Standard Oil, Mortimer F. Elliott, passes from eight to 3 0 hours every week day immersed in the heavy rr sponsibilities of his po sition. Since the death of S. C. T. Dodd in J907. tho man who for years was known far and wide as the subliminal self of the Standard Oil, Mr.' Elliott has been the company's general counsel. For a .long time before that he was its chief attorney, or solicitor, and, as in the case of Mr. Dodd, he wns taken in to the employ of the Standard because )ie fought it so well as a young lawyer. You may remember Mr. Rockefeller's famous dictum regarding Mr. Dodd. when ho was told of the latter's ability to cope successfully with the Standard s nttorneys, -Ve want that man." As a troublesome opponent of Mr. Dodd him self Mr. F.lliott caused the former to any, in effect. "We' want that man." After that Mr. Ellott worked with, and not against, the general counsel of the Standard Oil. Born and bred in Tioga, a 'Western Pennsylvania County Sir. Dodd was also born and bred in that section of the country Mr. Elliott had no ad vantages of wealth or family influence to help him get started in life. In fact, he had no little struggle to support blmself while he was reading law in his home town, and when at last ho was able to hang out his shingle his chief asset was his confidence that if he had patience enough clients would ulti mately come to him to make him com fortable in life. Gradually clients did como the young lawyer's way, because he demonstrated in his first cases his ability to win from older heads. But he was just beginning to get a fairly good practico for a young lawyer when an unexpected whirligig of politics brought him face to face with what he thought was a great opportunity and that was the opportunity to become a National legis lator to enter National politics. This was in 18S2. Tho Republican rarty In Pennsylvania was in bad con dition. It had split into two factions. Each faction had nominated a candidate lor Governor, and also a candidate for . Congressman-at-Large. Mr. Klliott Goes to Congress.- The young lawyer, Mortimer F. F.11I ott, was a Democrat. He had taken ome minor part in politics, cccasionally making speeches which attracted no littlo attenion. At any rata they had at tracted enough attention to their maker by the time the year 188came around to cause the Democratic politicians to present themselves before Mr. Elliott and tell him that if he would accept the party's nomination for Congress-at-Large he would bo elected, in all proba bility. Quite naturally. Mr. Elliott was tempted by the offer and the prospect of election, contained in the phrase "in ull probability." But right there he thought of the expense of conducting the campaign, and that made him give heed to the state of his pocketbook, with the result that he explained to his hearers that the expense of making the race would bo beyond his means, and, therefore, he feared he would have to refuse the nomination. "Oh, If thate the only thing stand ing in the way," was the reply, "please don't let it worry you. 'We'll look out for the expense money." So Mr. Elliott accepted the nomina tion, and when the votes were counted on election night it was found that he had triumphed by a handsome plurality over his nearest opponent In a usually banner Republican state. And when the House o Representatives was or ganized the following year, one of the curious features of it that caused wide comment was that . Its two youngest members were both Democrats from Pennsylvania George A. Post, who was only 26, and Mortimer F. Klliott, barely turned 80 years of age. Two years later Mr. Klliott found himself confronted with the question. "Shall I remain in politics or return to law?" He had political ambition, just as almost every young lawyer in West ern Pennsylvania had at that time, and especially the Democrats.. For a time Mr. Elliott Was greatly tempted to re main in politics aud try for another nomination, for it looked to him as though Grovor Cleveland would be elected President and the Democratic party placed in power all ' along the line. But, finally, as many another young Congressman had done, he reached the conclusion that if he re mained in politics, even to the email -rxient of serving only one-more terra n Congress, he.would probably ruin his prospects as a lawyer, and, after all. the law really was Ills mistress. Then, too, he realized that, Booner or later, Pennsylvania would probabry be sol idly Republican awoin, and when that time came he would be out of the law Hnd out of politics at one and the same time. So he declined his party's offer it renomination and went back, to his taw office. Mr. Elliott's Grout Opportunity. It so happened that about the time that Mr. Elliott made his brief venture ,nto politics, there came the opening of the new oil regions in what waa ihtn called the Bradford district of Northwestern Pennsylvania and South western New York. This made busi ness of all kinds, and especially law business. vrr active la that district. and Mr. Elliott was asked by a lawyer of Bradford to try a good many of his eases for him. , . . .--... , As a young man he had. been "much interested in the opening of the ,oll fields of Western Pennsylvania, and some Of his law practice had been con sequent upon this new business, but it was not very important. But when he was called upon to take up important litigations in the Bradford district, Mr. Elliott found himself in the very thick of perplexities, embarrassments and chaotic conditions due to the sudden and enormous development not only of oil. hut of natural gas. The laws were tonf llcting. and In some matters there were no laws at all. It was a good deal like tho condition which follows the opening of a newly discovered gold field, where common interest and sense of self-protection lead to agreement upon certain rules and practices which have all the force of statute law. Mr. Elliott determined to master all that the statutes and the record of cases could teach him of tho legal side of the production of oil, but he found that In order to do this it was necessary fcr him to. learn all about the production of oil and the. marketing of it. At that time tho Standard Oil Company had not simplified and systematized the produc tion of oil. There are many persons in Western Pennsylvania now who remember see ing the young lawyer, watching the laying of pipe lines, taking careful heed of the manner in which oil was shl-pped, and, had you seen him at work acquiring this knowledge, you might have thought that he was planning the construction of a refinery, so intently did he watch the progress of refining oil. There was also the absolutely new proposition, following the production of natural gas. for him to master. In a short time it became noised abroad in the district that if anyone wanted a competent lawyer who knew all about oil and gas, both from the legal and practical side, and who was competent to serve either as counsel for plaintiff or for defendant,, the man was Mortimer F. Elliott. In a short time, too, he became so driven with business that he had hardly time to get the sleep that he needed to keep him in .proper fighting trim. Right from the start, almost, he gained a reputation of being a lawyer who won his cases, a reputation largely resulting from his policy to settle out of court all the cases he could unless he was fairly confident that he could win in a court fight. Opponent of the Standard Oil. Sometimes be had the Standard Oil Company itself as an opponent. Then, again, in other cases, he was retained by some of the minor officers of that corporation. Many times he ran up gainst the late Samuel C. T. Dodd. who, from being one of the most form idable of the lawyers who fought the Standard Oil in Its early days, at last became its general counsel. Mr. Elliott attracted .the attention not only of Mr. Dodd, butof the leading forces of the Standard Oil Company, because of his skill In handling cases, his knowledge of the entire history of oil production and the laws and litiga tion that followed the establishment of this business. He waa a perfect walk ing encyclopedia on oil. The late Dan iel O'Day, one of the most powerful intellects of the Standard Oil Company. regarded the young lawyer as the best informed man upon the subject of oil Words by MAE BEADLE FRINK t. We shout thy Proud- !y Ten - der" snow crowned By 'thy 3. 3. . From 5. Jt . m fe name hath been- a Fond est memo-rie tr'ib - ute to our rock-ribbed stream and And From By Mar - cus-, Whit Sare-Iy Jed by Hail thy val - leys' Where roll thy rlv - ers rrom ior-esi oepina,irom wsKswasneastrana.from eve - ry. may tny sons, a - w fath, ers fought Hail thy sil - sa.viors resti Swell the pae - God, and Home, Thy For IT yrd , and the relation of oil production and its marketing to statue law to be found anywhere in Pennsylvania. At last, the Standard Oil leaders said one to another: "Here Is a man whom we ought to bring into the Standard 911 family." Someone suggested that he had brought suits against the company in times past, and to this the answer was: "Yes, and he usually won them." 80 Mr. Elliott was asked to identify himself exclusively with Standard Oil, to become its attorney, its general solicitor. In prestige, and prob ably pecuniary returns, Mr. Elliott doubt less has never regretted his connection with the Standard Oil. As for that com pany's opinion of Mr. Elliott, its elevation of him to general counsel, following tjie death of Mr. Dodd. tells the story. It was Mr. Klliott who marshaled the counsel that represented his company in the recent- sensational litigation ending In a court order of dissolution of the com pany. Today, he is the General in com mand of all the resources of the defense which the Standard is marshaling for Its final appeal to the United States Supreme Court. Physically. Mr. Hlliott is of powerful frame, though a little under medium stat ure. He has iron-gray hair and mus tache, a smile of cordiality, and eyes that are full of twinkles, betraying his abundant sense of humor. In his leisure moments he delights to chat about his brief experiences in politics, and once he gets started on this theme, he probably will not turn the conversation until he has declared that one of the keenest re grets of his entire career is that one of the dearest friends he ever had. the late Samuel J. Randall, was defeated for the Speakership of the House of Representa tives by John G. Carlisle. One of Mr. Elliott's five eminent col OREGON! IVTY OREGON! prais - es then, to "y to peak, and great and near and -far, thee we sing, thee -we sing, vale and hill, hon-ored-name, Or - Or - Or - Or - .Or - guid - ing etar round thee cling, he- roes bring. Or - Or - e - Or - e - tink-ling rill Or - e - -man's death-less fame. O . tin-seen Hand, Saved from H - Ing .green. Hail thy broad and deep, Where Jof - ty loy - ai Dana, Firm as thy 1 .. to . very In an and wjn, the land lake-lets sheen, dream -less sleep, loud atod grand, la live fcand! Or , OrV Or -Or -Or- e e- e- e Copyright, by Ma Beadle Friuk : ' . Nil II leagues, with whom he is in frequent conference is John G. Milburn, whose name sprane into national prominence when tho telegraph flashed the tragic news that President McKinley had been shot at Buffalo, and that he had been re moved to the homo of Mr. Milburn. There-J me stricKen president died; there Mr. Roosevelt took the oath of office; and so it came about that the name of John G. Milburn will be coupled for all time in American history with the careers of Presidents McKinley and Roosevelt. I believe It Is the general notion that President McKinley met his death by reason of the fact th'at he desired to at tend the Buffalo Exposition as such. In reality, his death .was due to the fact that he desired to spend a day or two at the fair in order to please his old friend, Mr. Milburn, who was the presi dent of the enterprise. The friendship of the two men dated back to the years before Mr. McKinley German Uelodj1'0,Tanneniau,m" e-gon! my e-gon! fair e-gon! loved e-gon! dear e-gon! my Or - e-gon! Or e-gon! Or - e-gon! Or - e-gon! Or - e-gon! e-gon! my gon! my gon! my Or - e-gon! Or - e-gon! Or - e-gon! Or - e-gon! Or - e- gon! gon! my e-gon! my manv an hos-tile band, slopes be-tween, vig-ils keep. vine -clad pines their ham - let in the land, snow - capped moun -tains stand. gont mji gon! my gon! my gen! my - gon! my ;Or;r:egonrr:':,t Or - e.gbn! Or - e-gon! Or - e gon! Or - e-gon! j t - : was Governor of Ohio. When the latter was Ohio's Chief Executive he made a brief vacation trip to New York City. Chatting with his friend, William L. Strong, afterwards Mayor of New York, and one or two other men of prominence. Governor McKinley spoke of a proposi tion of which he had heard, but which was then not publicly agitated, for a world's fair to be held in Buffalo. He said he had been told of the project by his friend, John G. Milburn, and he add ed: "You may be sure that if Milburn takes hold of it, it will be a success. He is an extremely good lawyer, but I some times think that he is a better execu tive." ' Some one' of the party suggested that Mr. Milburn was a Democrat. "Yes," replied Ir. McKinley, "he Is as Strong a Democrat es I am a Repub lican, but that does not prevent our being very good friends. Some pf the best friends I have are Democrats." So, when years later, the Buffalo Expo sition was built and opened under the presidency of Mr. Milburn, President Mc Kinley, out of his friendship for Mr. Mil burn, who, though a Democrat, had sup ported McKinley in his Presidential cam paigns, agreed to visit the fair, and ac cepted the latter's Invitation to become a guest at the Milburn mansion. The rest of the story is history. Senator Hill's Tribute' to Milburn. Perhaps Mr. Milburn's professianal rep utation can best be explained by an an ecdote which tells of his relation to the celebrated case of Roland Mollneux, who was convicted of muruer, sentenced to death, and spent two years In the death chamber at Sine Sing. Mollneux's trial and conviction wen to be reviewed by the New York "State Court of Appeals, and there was to be a Summer hearing by this court, which was to set at Buffalo for-the purpose. - The District Attorney of New York County had retained David B. Hill, who, a year or two earlier, had retired from his seat in the-United States Senate, and was anxious to devote himself exclusive ly to the practice of law. Senator Hill was to serve as special icounserfor the state, arguinjf In favor of "affirming the result of the trial and the conviction of Mollneux. When the Dis trict Attorney offered Senator Hill the retainer, the Senator, with his custom ary caution, asked: "Who Is to appear on the other side?" "General Mollneux has retained John G. Milburn, of Buffalo, to argue in favor of the, reversal of the sentence," was the reply. "Milburn?" said Senator Hill. "Well, they have got the ablest man In New York State to make the argument for reversal berore the Court of Appeals. He Is always sure of his facts, and he has a wonderful capacity for marshal lnc facts, and for applying: the law to - the facts as he has thus marshaled them. The Court of Appeals has, the highest regard for John G. Milburn." The battle that followed was one of legal giants, for .even his political op ponents have always credited Mr. Hill with being a great lawyer. Mr. Mil burn won, a new trial was ordered, former Governor Frank S. Black was retained as trial lawyer by the defense, and Mollneux was acquitted. How Mr. Milburn arjui-s a case was told to me by a member of the Court of Appeals some time after it had hand ed down a decision in favor of Mr. Milburn's clients. "He stood with one hand in a poc ket," said the learned Judge, "and seemed to be talking individua'lv to each member of the bench. I noticed particularly his singularly clear presen tation of rather technical questions. He has a gift of fusing Into one concen trated and perfectly lucid statement the facts and the cases upon which he relies. I noticed tha't Governor Hill listened with intense Interest to his op ponent, and it occurred to be that the Governor, In his admiration for Mr. Milburn's ability, almost forgot his re lation as opponent to Mr. Milburn in the case. I am sure that Mr. Milburn's great command of the history of cases and decisions. and his ability to simplify technicalities constitute his strength as a lawyer." Because of this ability. Mr. Milburn, when it became clear that the Gov ernment was going to sue for a dis solution of the Standard Oil Company, was retained by that' trust to collect, assimilate and fuse the vast array of facts on which the Standard wished to base its case, end to extract therefrom the vital things needed for the de fense. In performing this task Mr. Mil burn mastered the contents of nearly 50 law volumes, each as thick as an average-sized dictionary. It is said by those who should know that this feat has probably never- been surpassed in the history of American litigation. Mr. Milburn Is a man of athletic frame, and a believer in athletic sports. One of the proudest days of his life re sulted when word was taken to htm that, two of his- boys had seats in the Oxford University racing shell Mr. Milburn himself being of English birth and early training. Standard's Western Lawyers. Milburn and Elliott, and also John G. Johnson, of Philadelphia, whose career as a corporation lawyer is well known, are the best known of the Standard's last ditch generals along the Atlantic seaboard. But In the Middle West the two generals who are best known, per haps, are Moritz Rosenthal and John S. Miller, both of Chicago. The youngest of all the Standard's chief legal counselors, being only 43, Mr. Rosenthal was the central figure on the Standard's side in the celebrated t'-9, 000,000-odd fine case. In the prepa ration and trial of the case he has asso ciated with him Mr. Miller, who Is said to receive a yearly retainer of $150,000 from the Standard. It Is said that, now that the Standard has finally won this case, Mr. Miller, no matter how busy he Is. will stop any time to Joke about the Landls fine so much so. In deed, that talk about the case has come to be almost a hobby with him. T It is a rather curious fact that Mr. Rosenthal, from the day that he hung out his shingle, kas never had any but big clients. Yet he had to make his own way. He. too, holds an enviable record among Chicago lawyers he has never been beaten, ultimately, in a case. His methods of preparing for a legal battle are sometimes unusual. At one time tie was retained to defend a Chicago Board of Trade firm that was famous locally as a bucket shop. Mr. Rosen thal's first move was to buy a 10-day membership on the Board of Trade. In that time he learned the ways of tho board, and when the case came to trial the knowledge he had gained at first hand turned many of the opposing witnesses Into first-class witnesses for the defense. In dress. Mi- Rosenthal Is almost a dandy and he displays, an especial fond ness for green neckties. His clothes cer tainly belie Ms personal bravery. He was retained to defend before the Civil Serv ice Board of Chicago a police Inspector accused of holding Out reward money. In the midst of the bitterness aroused at tho trial, tho attorney representing the police department shot the short and ugly word at Mr. Rosenthal. , The next second Mr. Rosenthal's fist shot out. and the next tiling the accusing attorney knew he was lying stretched out on the floor with Mr. Rosenthal sitting astride of him. Mr. Rosenthal was born in Dixon. 111. He graduated at the University of Mich igan, and a year later took up the prac tice of criminal law in Chicago. Today he is that city's most noted criminal law yer, and hie time is spent about evenly in Chicago and New York where he is in frequent conference with the Standard Oil interests. Mr. Miller. Mr. Rosenthal's associate in matters relating to the Standard Oil. is now 62. and for yiars he has beea known in his home city as a lawyer of very important cases and big fees. He and Mr. Rosenthal were also associate coun sel in the famous packers' case, the out come of which brought to public knowl edge the workings of the immunity bath. From the start he has .been fighting John R. Walsh's battle to keep out of prison' tor violation of the Federal banking laws, and it. was duo to his efforts that the rail roads Centering Chicago have been com pelled to elevate their tracks in the city, resulting in the saving of many lives. Six feet in height, and with a corres ponding physique, Mr. Miller is fond at the Presidential game of golf, but his chief delight is to bury himself in the Adirondacks.' where he has a country home, and there spend his days loafing throuch the woods with his rod and gun. Last of the Big Six. David T. Watson, the last of the big six on whom the Standard Oil Is banking for its life, has long been known as one of the leading corporation lawyers of Pennsylvania, and from time to time the Standard and other famous corporations have enlisted his services. Pittsburg claims him, and now that Philander C. Knox is the head of the State Department, be is unquestionably the leader of the Pittsburg bar, and di vides with John G. Johnson the honor of leading the .entire bar of tho Keystone State. Mr. Watson first gained wide public at- -tention when he defended the late Senator Matthew Stanley Quay at the time that the people got after him for "shaking the plum tree." It was Mr. Watson who suc cessfully urged the plea of statute of lim itations, and in doing so the perspira tion ran in rivers down the back of his thick, shortset neck. Physically, Mr. Watson is the shortest of all the Standard Oil legal aiTay. Indeed he is so short and thickset that the word "dumpy" perhaps describes his personal appearance. But when he is engaged in pleading a case his enthusiasm and earnestness somehow cause the average spectator to make Mr. Watson out taller by several inches than he really is. Such is tha Standard's fighting force for the great and probably decisive battln now before it. Next Sunday I shall tell of tho men who will conduct the fight in behalf of the Government (Copyright, VjQO, by E. J. Edwards.) Desertions From French Army. London Globe. Desertions from the French army se&n to be on the increase. In IS98 there were 1904 desertions and 4678 insoumis, the lat ter being thoee conscripts who. having been ordered to Join the ranks, have failed to do so. In 1904 there were JSK deserters and 4747 Insoumis: in 1905. 2674 deserters and 7807 lnaoumis; In 1906 the numbers were S01 3 deserters and 10.436 insoumis; and In 1907 the figures show 3437 deserters and 10.630 insoumis. Last year the figures were higher still. 18.000 In the two categories beins- the numbers furnished by the police.