The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-01-06
WILL NOT PRODUCE BOOKS
ATTORNEY so DECLARES IN
OPEN COURT.
States Highest Tribunal Is Set at
Naught, But Passes by the
Incident Without
Action.
Special Dispatch to The Cali.

COLUMBUS, Ohio, Jan. 5.-As the re-
suit of the developments in the Stand
ard Oil case in the Supreme Court to-
day. Attorney General Monett this
evening filed a petition to GUST the
company from its charter in Ohio.
COLUMBUS, Ohio, Jan. Sin the ar
guments before the Supreme Court to-
day upon the motion of the Attorney
General to dismiss the Master Com
missioner and continue the investiga-
ton of the Standard Oil Company in
open court, Virgil Kline of Cleveland.
attorney for the oil company. was
forced to make some very positive
statements and admissions. He de-
clared, in the first place. in response
to interrogatories Of the court that the
company would not, under the former
order of the court, produce any books
other than those already given in evil
dence. In the second place he admitted
that there were still outstanding about
SGT 600, 900 worth of trust certificates Of
the Standard Oil trust, which the
court ordered dissolved in 1892. but
which the president of the Standard
company has all along been trying to
get in and is still trying. The court
heard the arguments of both sides, but
took no action.
Attorney General Monnett and At
torney E. B. Kincaid appeared for the
Attorney Generals department. and
Virgil p. Kline of Cleveland, Lawrence
T. Neal of Columbus and S. B. Elliott
of New York City for the Standard OH
Company. Only the Attorney General
and Mr.. Kline addressed the court.
Special Master Commissioner Brins-
maid of Cleveland, whose removal had
been demanded in the petition of the
Attorney General, was not present,
and very little was said about him. as
the arguments were principally de-
voted to the question as to whether or
not the officers of the Standard Oil
Company had complied with the recent
order of the court to produce the COM
pany books, showing gross earnings
and distribution of dividends since the
trust was ordered dissolved in 1892. At
torney General Monnett argued that
the company produced no books in eVl-
dence except stock books; that dlla-
tory tactics had been resorted to: that
the Master Commissioner had not
forced compliance with orders of the
court; that now the funds available for
the purpose of the investigation were
exhausted, and that the officers of the
company had detied the court.
Mr.. Kline, in reply, stated that the
company had no books that were per-
tinent to the order of the court save
account books and ledgers which mad
been placed in evidence. He declared
that commercial books of the corpora
ton were formally demanded and when
pressed by the court he admitted that
they would not have been produced II
asked for. He protested that such a
demand was a violation OF the rights
of the stockholders under article OF
the bill of rights, the constitution OF
the State and the fourteenth amend
ment.
1t was at this juncture that Judge
Minshall asked:
DO you refuse to comply with the
order of the court 2" to which Mr.. Kline
replied
1--WE do, for the purpose of presenting
the legal questions we desire to raise.
This will be when the order is presented
to the officials to produce them"
Subsequently Chief Justice Spear sug-
gested that he supposed that the OBJ
ject of the companys attorneys was to
have witness refuse to testify regard
ing the books in the next hearing in the
expectation that he would be placed
in contempt and then habeas corpus
proceedings would be undertaken. Mr..
Kline offered no explanation.
Chief Justice Spear asked: Has your
company any books showing the work
ings of the corporation?"
Mr.. Kline replied: I'VE have books
showing the gross earnings and all
financial details and we still have them
This talk about burning them is the
merest chaff.
He was next asked: "Will you pro-
duce them?" and he again said: I'VE
will not under the former order be-
cause it would be a violation of our
rights. We have always been willing
to produce our minute books and led
gers showing corporate transactions
stockholders and transfers among
them. Any item that could not be
readily explained would be miscon-
strued and the result would be no near
er, no clearer. We submitted all books
showing ownership of trust stock and
how 1t got back into the stockholders
hands When the order to dissolve was
made in 1892 there were $97, 900, 900 worth
of certificates outstanding, all Of which
but about $27, 900, 900 have been drawn
in, but the president of the corporation
has so far been unable to get these be-
cause they are held as investments and
collateral by people who prefer them
and are trying to retain them. 1t takes
time to convert all this amount of
money into corporate stock. The hold
ers of them do not get dollar of div
idend from the Standard Oil Company
of Ohio. AS to the books, we burn old
books in storage every ten years, but
there have been none destroyed peril
nent to this investigation"
AT the conclusion of the arguments
the court gave the attorney of the oil
and constituent companies two weeks
In which to file their answers in the pc
titions against the constituent COM
panies. sa4 IA
FOR RIVER IMPROVEMENT.