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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Jan. 11, 1911)
X 13 TffE OREGON DAILY JOURNAL, ' PORTLAND. WEDNESDAY EVENING, ' JANUARY ; 11. 1911. 1 TRUST cons IN HIGHEST COURT Attorney General Calls It the - Most Important Casr Evfr Before SupremeibuhakU ; Contentions 6f Parties. (Caltea Prtm Lmm4 WIr'. Washington, Jan. 11. The Standard CH company in New Jersey, the Rocke feller holding company, today began It t'.fht tor life before the supreme court tf the United States, pleaded not rullty to the government's cnarge of Being t'ie most colossal monopoly In the coun try, and through coetly legal repre-f-mUtlvea entered Into the final battle for preservation of Its, corporate exlst . eace. ' v Additional Interest centers, In the ar f'lment begun today by 'reason of the fact that Justice Willis Van Devanter. " fie eTTPresldent - TaIFI recent ap- , lolntees to the supreme court, partlcl 1 ated. as a Judge of the eighth circuit , urt. In a, decision against the trust I eretofore a Justice called upon to sit U an appeal of a ease tried before him la lower court has always refrained from participation in the review, but ' In the case of Justice Van Devanter it vtm President Taft's desire that he tuieuld sit. ., .... Task of the Trust's Attorneys. In brief the charges which. Attorneys John O. Mllburn of New Yore-end John C. Johnson of Philadelphia are seeking , I controvert In the day and a half of .argument allotted to them Include a t'jnspirary alleged to have had Its con- i option In 1870; a growth Into gigantic 1 roportions, fed by Illegal rebate, fos tered by unfair competition and made , rlmost Impregnable through domination of the market They must prove to the court, to secure reversal of the de cision ot the lower tribunal, that this I rowtb has been the result of eztraor- itaary business acumen; that the com- 1 inatloh of Interests was not a trusl for evil, and that at present the Stand ard Oil company does not control the , eH business. , Against their arguments Frank B. Kellogg, special assistant to the attor- j rey general and Attorney General Wick eraham will relate an amazing story of Hgh finance, market manipulation and (oppression, pf competitors,' ,". What JcsUogg Alleges. Kellogg, who will make the main ar gument for the government, has been counsel in the two suits Instituted by the government' against the Standard Oil company. He has been. working to accomplish the downfall of the Standard since early in, 190, first as the govern ment's mainstay in the famous $29,. 000,000 suit against the Standard Oil .Company of Indiana, one of the subside lary corporations of the parent, or New Jersey companyend since November 1901 In the present sujt His knowl- edge of -the -company-and Uabuslnesa is more extensive than that of anyone outside the concern. - y Wickers ham's Supreme Effort. Attorney ' General Wlcksriham has been working-on the argumeht which he will present to the court ever since early fin the summer. He has been quoted as saying that he Intends It to be the crowning achievement of his le gal career." -To Wlckerahanv' will fall the duty of '.'summing up" or' closing for the government : Kellogg is to make the statement, following after John G. Mllburn, who, as main counsel for the appellant, has the right to open the case. DETAILS OF BATTLE WAGED BY UNCLE SAM AGAINST GREAT-TRUST Washington, Jail. 11 It was Novem ber IS, 190C, after many months of, la bor by the department of justice, that the government filed a complaint before the clroult court of the United States for the eastern division of the eastern Judi cial district of Missouri, In St Louis,, against the Standard Oil company of New Jersey and Its subsidiary compa nies, allleglng that, the company was conducting business. In violation of the Sherman anti-trust law, and praying that it be dissolved. The defendants named in the government's bill of com plaint were John D. Rockefeller, Wil liam Rockefeller, Henry M. Flageler, John IX Archbald, Oliver H. Payne, Henry H. Rogers and Charles M. Pratt The government It Is aasertud. Wr. mined to go after the Standard oil com pany after the supreme court of the United States had handed down Its de cision In the' Northern Securities case, which was argued and won for the gov ernment by Attorney General Knox, now secretary. of state. It was the North ern Securities decision that formed the basis of the opinion of the circuit court, which decreed that the Standard Oil company must be dissolved, and from which decision the Standard Oil com pany appealed to the supreme court of the United States. Battle with Xgel Giants. The magnitude of the case and the millions of capital Involved attracted the attention of the world. Against the government was pitted a brilliant array of legal talent, and every conceivable technicality was employed to embarrass the department-' of Justice. The costs necessary to bring the case to trial amounted to thousands of dollars. Near ly every officer connected with any oil company that had the remotest connec tion with the New Jersey corporation was haled Into court and examined. The record from the lower court makes a document of more than 1000 pages. Jo give an Idea of how the Standard Oil company regarded the Importance of the suit for dissolution, and the delays the company was able to bring about It was not until April t, 1909, or almost three years from the date of the filing of the suit that the case came on for argument on Its Merits, and the decree of the circuit court was not handed down until 'November 20, 1909. The decision of the circuit court caused a shiver to strike every trust operating In violation of the Sherman anti-trust law, and visions of other dissolution suits to be filed by the gov ernment appeared on every hand. But the Standard Oil company did not dis solve; Its learned counsel held a con ference, and at onee prepared for an ap peal on a writ of error to theaupreme court , of the United States. ' The ease was docketed In the supreme court De cember - year ago. It was placed on khe March calendar,, and was argued on March 14, II and 1, last ; - -...", Case1 Set for Seargameat, 'it The supreme court justices -took deep Interest in the arguments of counsel, and occasionally Interrupted with ques tions. For some weeks after the hear ing of the case everybody around the court wag on the lookout for the decls ion, which It was believed would have aa effect on the stock market but week after week passed and no decision was handed down. On the day of the ad journment for the term. May t. the late Chief Justice Fuller announoed that the Standard Oil company . case would be reargued before a fvrti'ch, there being two vacancies at that time. This was a surprise to everyone, but it wa con ceded by attorneys that the court had done the right thing, because of the great importance of the "ease and the vital law points involved. . When the October, 1910, term of court convened the Standard Oil case was on the docket for October 11, but on motion of Attorney General Wlckersham the case was set for argument November 14. Because of the death of Chief Justice Fuller and the president having decided not to appoint a new chief Justice and fill the two eilslting vacancies on the bench before the meeting of .this ses sion of, congress, the case was again postponed until January I, 1111. Allegations in Government's Brief. i The government's brief covers more than 1000 pages, and gives an exhaus tive history of .the formation of the Standard OH company and Its opera tions, to sustain the contention that the corporation Is on existing and doing business In violation of the Sherman anti-trust law. The government sums up Its contentions under nine separate needs, s follows: FirstThe trust agreements of 1879 and 1881 were In unreasonable restraint ef trade, tended to monopoly, and -Vers void at common law. Second The corporation combination of 1899 wee void Under the Sherman act as a combination in restraint of trade and a 'monopoly, (a) The defendants are engaged in interstate -commerce; (b) The amalgamation of the stocks of all th6se corporations In 1899, with the Standard OH company of New Jersey as a holding corporation, was a combina tion in restraint of trade within section 1 of the Sherman act; (c) The control of the commerce In petroleum and Its products by the Standard. Oil company of New Jersey through Its various sub sidiary corporations constitutes a mo nopoly within section 3 of the Sherman act Thtrd-Jf the court finds this a mo nopoly It Is authorised by section 8 to enjoin the spine and has plenary power to make such decree as Is necessary. Fourth The evidence that the- de fendant company obtained rebates and discriminatory rates in the transporta tion of their products as against their competitors, and engaged in oppressive methods of competition, thereby de stroying small manufacturers and deal ers, id material In this case. Fifth In conspiracy cases, It Is al ways permissible to allege and prove the history and various threats culmi nating In the final conspiracy. . Sixth A person or corporation joining a conspiracy as it Is formed and there- . ' - - .. ..J - af ter-aldlnr m . its execution. Becomes from that time as much a conspirator as If he originally designed or put it into operation. . ' ' : -'-v Seventh This conspiracy was a con tinuous offense: every overt act com mitted in furtherance- thereof was a re newal of the same as to all the par ties; the statute of limitations does not begin to run until the committing of the .last overt act . Vv'T Eighth It is an elementary principle of - evidence that where two or. more persons are associated together for some Illegal purpose the acts or declarations of one or more with reference to the common object are admissible against all. Bsply of the OS Tract. - Counsel for the Standard Oil . com pany, in their elaborate briefs, replied aa folhwi "The plants and properties of the Standard OH company have always been In a coinmon ownership since their ac quisition or creation; the Sherman act has no application to the acquisition by the Standard Oil company of New Jer sey of the stooks of manufacturing and mining or producing corporations; the alleged contracts or combinations are contracts and combinations which if jiot allowed would rent riot the freedom of the parties In the Conduct of their busi ness; the acquisition of the stocks of the subsidiary companies by the Stand ard OH company of New Jersey, 1899, was not a combination or conspiracy in restraint of trade. "The Standard Oil company of New Jersey was not monopolizing or. at tempting to monopolize or combining with anyone ..else s to monopolise when this proceeding was instituted. "The ownership of the pipe line sys tems has not been the means of monop olizing them. The circuit court has no jurisdiction over the appellants." These were the main contentions of the (government and the company. JOURNAL TURNS OVER $165 FOR NEW OREGON NAVAL RESERVE FUND To aid in the purchase of uniforms' and necessary equipment, The Journal has turned over to Commander John McNulty, for the Oregon Naval Reserve, $165, subscribed by public spirited citi zens and organizations who hope to see the reserve grow and prosper. The $165 was subscribed aa foUows: II. Beckwlth, 126; C. C Chapman, 85; J. N. Teal. 10; Commercial club, $25; Friends of Naval; Reserve, $50; Ben Selling, "$25; chamber of commerce, $25; total, $165. Bills Introduced in Oregon House 1 ' Salem, - Or., Jan.- 11. The foUowlng bills were Introduced in the bouse yes terday: ' '.T: :' ' ' '-- '. I j H. B. No. k By Llbby , of Marion, protecting women and girls against the "white ; slave" traffic; second reading. II. B. -NOV 1. By Johnson of Marlon, providing life Imprisonment as the maximum punishment for murders; sec ond reading. t H. B. No. 8. By Cole of Multnomah, fixing October 13 as a legal holiday to be called "discovery day" and commem orating the discovery of America by Columbus; second reading. H. B. No. 4. By Cole of Multnomah, providing for the publication and sal of reports of the supreme court of Ore gon; second reading. H. B. No. 6. By Buchanan of Doug las, appropriating 875,000 to remuner ate survivors of the Oregon Indian wars of 1856-51 for lost of horses;, second reading. ., " ' H. B. No. By Buchanan Of Doug las, prohibiting the circulation or sale of the secret work of fraternal orders; second reading.':;; 1 ' 1 H. B. -No.' 7. -By Clemens of Mult nomah, preventing the assignee of any Claim against a ceunty or county offi cer from instituting action; second read ing ' " ' H. B. No. 8. By Clemens of Multno mah, enabling county court in counties of more than 800,000 population to es tablish hospitals for paupers and pay patients; second reading. v H. B. No., 9. By Clemens of Multno mah, requiring signers of initiative vt- tltions to subscribe their names to statements declaring they are aware of the purpose of the petition; second read ing' . . -" r ; H. B. No. 10 By Clemen of Multno- rtah, excusing members of the legisla ture from jury duty; second reading. H. B. No. 11. By, Chatten of Multno mah, regulating, trout fishing on the Willamette and tributaries and regulat ing dams and other obstructions sec ond reading.. - ... , . . H. B. No. It. By Chatten of Mult nomah, providing for the construction of two new fish hatcheries;' second reading. - ,...)'. H. B. No. IS. By Abbott ef Mult nomah, enabling the state to cooperate with, the federal government in making topographlo maps and investigating wa ter resources; second reading. - H. B. No. 14. By Clyde of Multno mah, abolishing capital punishment; sec ond reading. H. B. No. I5.r-By Graves of Tarn hill, appropriating $1600 for the Tarn hill county fair association; second reading. , IL B. No, 18. By Simpson of Linn, prohibiting the enticement of women and girls Into resorts; second reading, - H. B. No. 17. Simpson of Linn, mak ing It a felony to detain women or. girls or their possessions In a resort; second reading. J v. . . - ; : a , H. B. No. 18. By Abbott of Multno mah, licensing and regulating - sailor boarding houses and shipping masters; second reading. -- - ; -.- r . . H. B. No. 19. By Clemens of Mult nomah, providing for a uniform policy to be Issued by fire Insurance compa nies; second reading. w H. B. No. $0. By Abrams Of Marlon, orovidlnr for the Oreaon naval militia: second reading.' - .., ''...-.-...:, H. B. No, 81. By Amme of Multno mah, providing for competition by archi tects on ail public buildings; second reading. Bills Introduced in Oregon Senate MEDF0RD THIRD WARD ELECTS A SOCIALIST (Doited PrM Leased Wire.) Medford, Or., Jan. 11. For the first time in the history of Oregon, a mem ber of the Socialist party was ' elected to office when George H. Millar, of this, city, yesterday won a bitter fight for. councilman In the Third ward. He defeated a Republican and a Demo crat and ran ahead of E. E. Wolters, who was the Socialist nominee for mayor. ' ' W, R. Canon was reelected mayor on a high license platform, against W. W. Elfert who favored a wide open town. Journal Want Ads bring renults. Salem, Jan. 11. -Senator Chase of Coos county Introduced the first bill in the senate yesterday. Senate Bill No. i is a bill to authorise the purchase of state tide lands within port districts by the respective port coirimisslons for a nominal fee. " Other bills introduced In the senate yesterday were as follows: S. B. 2, By Hawley, for registration of farm 1 names with county clerks on payment of $1. S. B. 3. By Barrett of Umatilla, mak ing the county treasurer the tax collec tor. ' ' "A ' S,'B. -By Barrett of Umatilla, pro viding for deposit of county funds in approved banks showing certain collat eral security, to draw 2 per cent Interest on daily balances. S. B. 6. By Burgess, regulating time of trains for transportation of livestock. 8 B. 6. By Burgess, requiring depot agents to chalk up actual time of ar rival and departure of trains. S. B. 7. Bu Burgess, prohibiting the sale of cannon crackers over 2H Inches. S. B. 8. By Miller, amending the law in relation to road district meetings. S. B. 9. By Miller, authorizing the use of convicts from the penitentiary for road building. 1 - S. B. 10. By MalarkeyT amending the adoption law, by allowing petitions to be filed in places other than where the petitioner resides. 8. B. 11. By Malarkey, removing five day period in law aa to recording conveyances. S. B. 18. By Joseph, Increasing pay of county commissioners of Multnomah county to $6 per day. 8. B. 13. By Joseph, , authorizing county hospitals in counties ef 200,000 population or over to receive pay pa tients. , v S B. 14. By Kellaher, authorizing special elections for annexation of terri tory to cities and towns. 8. B. 15. By Kellaher. authorizing construction of Broadway bridge. 8. B. 18. By Dimlck, same as 8. B. 11; withdrawn. " S. B. 17. By Dimlck, amending direct primary lawto keep polls open all day, S. B. l$.-By Albee, establishing a shipping- commissioner and regulating sailors' boarding houses. S. B. 19. By Locke, providing for examination Of nurses and certification of graduate nurses. 8. B. 20. By Sinnott, requiring rota tion of names on primary ballot to avoid alphabetical listing. S. B. 21. By Locke, authorizing re ception of pay patients In all county hospitals of the state. iimmn nnmrnT ... Wlllll II KKIIiri.l - II ww I llw I LU I " PEOPLE'S PURSES Amme of Multnomah Presents , Bill Aimed at Grafting Architects. (Special Dispatch to Tbe JonraaLl Salem, Or., Jan. 11. Representative Amme of "Multnomah hppes to- avoid possibilities of favoritism and grafting on the designing of public buildings through a bill he presented yesterday.. r One of the provisions ' requires - the adoption of the rules of the American Association of Architects on this- sub ject There would be a, board composed of architects, but their duties and the' manner in which ttvey shall select plans of tbe various competitors are minutely prescribed. Architects successful In the competition must furnish bonds . and if the cost of the building is above their estimate they must pay the dif ference, under- the provisions of .the proposed measure. ; ' BILL WOULDJJENEFIT OREGON STOCK GROWERS (Soectal SlmMtch to The Journal.) Salem, Or Jan. 11. A bill of Inter est to stockmen was introduced in the Senate yesterday by Burgess Of . Uma tilla. It requires that all stock "traips of 10 cars or more shall be run at a speed of not ' less than 15 miles per hour. Local trains carrying less than 10 cars must be run at least once per week,' the bill provides, on such !roads as the railroad commission may deslg nate. . - ' . , Wearied by the practice of depot.4 agents chalking up fake time of arrival and departure of trains, whereby pas sengers are kept in suspense for hours while waiting for late trains, Mr. Bur gess introduced another bill requiring agents to post the actual time, within at least half an hour. He proposes to fine the agent $25 for marking up false Mm, N " ' Secretary to the Speaker, (Special Dinwtch to The Joarnall t Salem, Or.. Jan. 11 Miss Nettle Mil ler of Salem has "been appointed secre tary and stenographer of Speaker John P. Rusk. She served as a stenographer at the last session- Man near Pr.laevllle sold two hegs that weighed 800 pounds each for $120. They were a little over a year, old. Little Fire Loss at Eugene. . . (BpiBi pitiwte Tb Inaraal.l " Eugene, Or., Jan. 11. There were 29 fire alarms In Bugene during the year 1(10 with a total property loss of $10, 860. This Infprmatlon was "contained in the annual report of Chief Engineer W. T. Campbell of the local fire depart ment, just filed with the city council. The department also responded to ap peal"for help from Springfield during a big fire there one night and the next night sent a hose cart to Junction City to help quench a blaze In the business part of the town. The cost of main taining the department during the year was $2829. "( m i n i A New Record Expected. Nineteen eleven will make new records. In many lines, but the record for swift shoe selling will be made tomorrow by the Oregon Shoe store, when the great closing out shoe sale begins. Read an nouncement, page 12. bM4hd GMildr 000 Pairs of 9 "kut 9 em So w omee s aeo em's SMoeSo Aboiit 11 A TT lar The most amazing values The most stupendous sale in tee history of Portland's shoe selling Buy shoes for the whole family now, for this is an opportunity never to be equaled again THE DOORS OPEN AT NINE I Thursday Momiing, at Remember the time, the hour and the place. Be one of the eager throng that wait for the doors to swing open, for this will be a sale that will be remem bered for, years to come The Stock of the Oregon Shoe Store, 247 Morrison Street o'Glock Is the Hour the Sale Will Besjiii 247 Morrison St.? Bet. 2nd and 3rdLOOK FOR THE RED SIGNS High-grade stock of Men's, Women's and Children Shoes at about 5Q cents on the dollar of the regular price Come, storm or shine, for these Great values will repay you for braving any sort of weather. Thbusands uppn thousands of pairs of the BEST SHOES MADE LQOK FOR THE RFTI tfNg 25 TRAINED SHOE MEN To wait upon' the buyers-skilled Shoe-fitters 1 that fit every cus tomer carefully with fine shoes. We have 25 now, and can use 15 more experienced men. If you are a good shoe clerk, apply 8 a m. tomorrow. Look for the red signs, 'yj.w : "- 247 MORRISON STREET S The quality of our shoes is known to every man, woman and child in Portland We are sellins aeenbt for the best Shoes made in America-Every Pair must be sold at once This entire stock to be sacrificed. Never before have such peerless qualities been offered at such low prices stock tod large to attempt description or prices-