The Iola register., 1902-07-11
/" BATTLE OF MILLIONS
Steel Trust and Standard Oil Said to
be Behind the Smelter IDjunc-
tiOn Suits.

OOhSiuSIdUlS hSNS dpOuV VhO ihJuhC
ton case in which the Lapyon Zinc |
Company is defendant and which is of
considerable interest here. The suit
was first argued in Deavenworth, Mr..
J ohm Atwood OF that city being one Of
the zinc companys attorneys. Hence
there may be something from high
authority in this story printed in
Wednesdays Leavenworth Times:
John II. Atwood left Monday night
for St. Paul, Minnesota to be present
today at the closing scene of great
legal battle Of two giants of the fin
ancial world-the Standard Oil Co.,
and the United States Steel trust.
The case has been in the federal
courts for eighteen months and has
been waged with varying fortunes. It
is an attempt by the Steel trust to OBJ
tlin corner on the zinc market of the
United States. The story would make
the plot for a great financial novel.
In November, 1900 suit was brought
in the federal court here by Mr..
Brown, the Edgar Zinc Co.. and the
Collinsville Zinc Co., against the Lam
yon Zinc Co. The head OF the Edgar
Zinc Co., is Selwyn G. Edgar, a
brother.in-law of John w. Gates,
father of the American Steel & Wire
Co. The Steel trust owns a majority of
the. stock of both the Edgar Zinc Co.,
and the Collinsyille Zinc Co. The
hea aaquarters of the former company
is at ST., Louis, Mo-, and Of the latter
at Collinsville, Ind.
While there is a great financial con-
Germ back OF the plaintiffs to the suit,
the defendants are no pigmies them
selves. John Archibald, controlling
manager of the Standard Oil Co., is
one of the stockholders OF the Lanyon
Zinc Co. Associated with him in the
Lanyon Co. are Charles /. Pierce and
John S. Rodgers, also Standard Oil
magnates. Rogers is president of the
Lany on Zinc Co. The headquarters of
the Lanyon Zinc Co., are at lola and
LaHarpe, Kan. This company out
puts one-third of the metallic zinc Of
the country.
The man Brown. who is one of the
plaintiffs in the suit, is the patentee of
certain ore roasting process. The
Lanyon Co., was using what was know
as the Ropp patent. The Edgar Co 8,
and Collinsville Co., use the Brown
patent. The plaintiffs in the suit allege
that the Ropp patent is an infringe
ment on the Brown patent.
The suit was brought to secure an
injunction prohibiting the use of the
Ropp patent by the Lanyon Zinc Co.
It can readily be seen that such an in
junction would mean the closing down
of the Lanyon plants and a sudden
decrease of one third in the prepared
metallic zinc output. IL would give
the United States Steel trust a corner
on the zinc output.
This was made doubly so by the fact
that there was no practicable ore
roasting processes known other than
the Ropp and Brown patents. The
Steel trust hoped to shut the Lanyon
plants down entirely by injunction OF
the court.
The Standard Oil people hurried TO
secure the most eminent legal talent i'm
the country. They engaged Albert H..
Walker of New York City author of
Walkers patent laws and the fore
most authority on the subject in the
United States. John H. Atwood of
this city was retained to assist Wal
ker. The plaintiffs retained Dyrens-
forth, Dyrensforth, Dyrensforth and
Lea, noted Chicago legal firm.
The first victory was scored by the
Lanyon Co., in November, 1900. The
application for an injunction against
the use of the Ropp process by the de-
PENDANTS was denied by Judge Hook.
The legal battle was continued and
finally in April, 1901, Judge Hook
granted the injunction. The Lanyon
Co. hurriedly appealed to the United
States circuit court Of appeals at St.
Paul. After elaborate arguments,
Judge Hooks order was suspended Ia
May 1901. ,-.a, .,.. ..
The matter then rested for a while in
statu quo. The Lanyea smelters were
still in operation. In March, 1902, the
United States circuit court of appeals
SET aside its order suspending Judge
Hooks injunction. This was o VIC
tory for the Steel trust. ,. A..
Then the canyons made application
to Judge Hook for temporary sus-
pension of their application OF his in
junction, He granted the Lanyon Co.
a thirty days respite. This was in May.
On July 2, an application for further
time was argued before Judge Hook at