Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-10-09
AFTER THE STANDARD.
Trying to Gust the Big Oil Com
pany From Its Charter Rights.
THE LEGAL BATTLE COMMENCED
In the Ohio Supreme Court, Where the
Celebrated Case Is On.
A PLEA OF EXCESSIVE PUNISHMENT

SPECIAL TELEGRAM TO THE DISPATCH.
COLUMBUS, Oct 8-A large number Of
prominent attorneys from Cincinnati,
Cleveland and other points in the State
were in the Supreme Court to-day to hear
the arguments in the celebrated case inst1-
tuted by Attorney General Watson against
the Standard Oil Company, to oust it from
its charter rights. The following dis
tinguished attorneys represented the de-
Tense: NJ. R. Keith and Virgil P. Kline, of
Cleveland; S. c. Todd and Joseph n.
Choate, of New York. Attorney General
Watson and John W. Warrington, of Gin
cinnati, represented the State.
Mr.. Warrington opened for the State,
and, after making alegal argument, claimed
the defense substantially admitted that if
the corporate seal ofthe company was on
the agreement transferring the stock to the
nine trustees their case would be hopeless,
but claimed that it was the duty of the
court to look into the intent of the instru-
ment. The speaker claimed the rights of
the corporation had been abused. He as
serted that in this case all the stockholders
had united in this action, and their action
was therefore supreme.
THE OFFENCE WAS RECENT.
The speaker claimed the statute of limita.
tion did not run against this case, as the
offense was not known until recently. The
contract was secret and the State had no
means of obtaining the information. In his
Judgment there was nothing in the theory
that if the Standard Oil Company was to
stop, that the wheels Of commerce would be
blocked and the houses in the country
draped in mourning.
AT IL l.
saying the Standard ought to congratulate
itself on having public judicial investiga-
tion. 1t had been assailed by the press, on
the stump, and he believed by the pulpit.
If it had outraged the laws of Ohio, it
ought to be punished, but he believed that
it would be found it was innocent. The
Attorney General asked for the annulment
of the franchise, but under no circumstances
could this severe punishment be meted out.
The company had carried out the object for
which it was incorporated; and added
materially to the wealth of the State, and
has given employment to thousands of
all the charges.
TOO GREAT A PUNISHMENT.
The statutes of Ohio provide different de-
grees for violating charter rights When
the rights have been violated a suit can be
instituted 10 stop IHe wrong, DuI bHe DIedh-
ing up of this company would work great
hardship. The Attorney General has asked
for greater punishment than the facts war;
rant, even if the company had been guilty
of all the wrongs charged. The trustees
owned IA companies and the stock was in
their own names. The law encouraged busi-
ness enterprise and this company was reach
ing out and had even extended to foreign
countries.
This condition existed prior to 1882, ex-
lists now, and probably will continue in the
future. If it is the desire of the people of
Ohio to wipe out this company, this could
be done by the General Assembly. 1t was
true that other companies and partnerships
had been formed, about 40 in number, but
the Standard Oil Company of Ohio remains
just the same as it was originally.
The speaker made a close analysis of the
law, and insisted that the Standard Oil
Company had in no way violated its char
ter. Mr.. Choate was followed by Attorney
General Watson, and the case was sub
mitted on brief.