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!
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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.