Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-01-06

LOOKED FOR.
Columbus, O., January SIN the ar
guments before the Supreme Court this
morning OF the motion of the Attorney
General to dismiss the master commits
sioner and continue the investigation
Of the Standard Oil Company in open
court, Hon. Virgil P. Kline, of Cleve-
land, attorney for the oil company, was
forced into making some very positive
statements and admissions. He de-
clared- in the first place, in response
to interrogatories of the court that the
company will not under the former or
der of the court produce any books
other than those already given in evil
dence. In the second place, -e admitted
that there are still outstanding about
$27 10000 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 in this mornings ses-
sion.
Attorney General Monnett and At
tOrney E. B. Kinkead 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 Oil
Company. Only the Attorney General
and Mr. Kline addressed the court.
Special master commissioner Brins-
made, of Cleveland, whose removal had
been demanded in the petition of the
Attorney General, was not present and
but very little was said about him, as
the arguments were principally devo-
ted to the question as to whether or
not the officers of the Standard have
complied with the recent order of court
to produce the company books showing
gross earnings and distribution of div
idends since the trust was ordered dis
solved in 1892. Attorney General
Monnett argued that the company pro-
duced no books in evidence except
stock books, that dilatory tactics had
been reported to by them, that the
master commissioner had not forced
compliance with the orders of court,
that now the funds available for the
purposes of the investigation are ex-
hausted, and that the officers of the
company have defed the court.
Mr.. Kline, in reply, stated that the
company has no books that are per-
tinent to the order of the court, save
minute books and ledgers which have
been placed in evidence. He declares
that commercial books of the corpora
ton were formally demanded, and
when pressed by the court admitted
that they would not have been pro-
duced if asked for. He protested that
such a demand is a violation of the
rights of the stockholders under article
one of the bill of rights, the Constitu-
ton of the State and the fourteenth
amendment.
1t was at this juncture that Judge
Minshall asked: DO you refuse to
comply with the order of the court?"
to which Mr. Kline replied: I'VE do.
For the purpose of presenting the
legal questions we desire to raise.
This will be when the order is pre-
scented to the officials to produce
them
Subsequently Chief Justice Spear
suggested that he supposed the object
of the company's attorneys is to have
a witness refuse to testify regarding
the books in the next hearing, in the
expectation that ne will be placed in
contempt and then habeas corpus pro-
ceedings will 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 gross earnings and all finan-
cial details, and we still have them.
This talk about burning them Is the
merest chaff."
He was next asked: ''Win you pro-
duce them?" and he again said 1--WE will
not, under the former order, because it
would be violation of our rights. We
have always been willing TO produce
our minute books and ledgers showing
corporate transactions, but not books
showing the holdings of stockholders
and transfers among them. Any item
that could not be readily explained
would be misconstrued, and the result
would be no nearer. no clearer. We
submitted all books showing owner
ship of trust stock and how it got back
into stockholders hands. When the or
der TO dissolve was made in 1892 there
were s97. 000, 900 worth Of certificates
outstanding all of which but about $27,-
600 900 have been drawn in, but the
President of the corporation has so far
been unable to get these because they