The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-06-30
20 YEARS. FIGHT
Has eliminated in Effort to
Dissolve the Oil Trust.
Suit of George Rice, Of Ohio,
Against the Octopus.
IS OPEN TO OTHERS
Who Have Been Victims of the
MonOpOlistic Greed
Of a Concern That Controls 20
Per Cent. Worlds Oil Trade.

New York. June 30-Taking heart
from the decision of the United States
supreme court in the Northern Sc
curities case, George Rice of Marietta
O.. who has been lighting the Stand
ara Oil company for score OF years.
has begun action in New Jersey to
dissolve that corporation and dis
tribute its assets among its share
holders.
At Trenton, n. J., in the court Of
chaucery. counsel for Mr.. Rice filed
a bin of complaint of more than fifty
pages of printed allegations. Sheriff
teller of Hudson county received a
subpoena to serve upon Charles G.
Black. agent in charge of the Standard
Oil interests in New Jersey, at their
Offices in Constable Hook, Bayonne-
The paper is returnab1e on July II
and thirty days thereafter the defend
ants must file their answer. The case
doubtless viii be referred by Chancel-
Tor Magic to one of the vice chancel-
lors Of New Jersey and be reached for
trial early next autumn
Plans to Sue for Damages.
Following this action, Mr.. Rice pur-
poses to sue the Standard Oil COM
pany for damages sustained by reason
Of his having to quit his manufactur-
ing in Ohio, and under the statutes
and decisions of the higher courts he
hopes to recover thrice the sum he
asserts he lost.
In the bill of complaint that was
filed it is charged that the Standard
Oil company is an Illegal concern and
exists in violation of the antitrust
laws Of the United States and decisions
of the courts of New Jersey, where
It was rehabiitated after being driven
out of Ohio through actions instituted
by Mr.. Rice.
p oh,
company OF Ohio was declared illegal
by the courts of that state, but that
instead of dissolVing, as ordered, it
has by subterfuge evaded the Ohio
dictum and it exists in New Jersey
merely as a holding corporation for
the original enterprise.
Custer Under Antitrust Law.
Tt is alleged that the trust methods
are continued by the New Jersey cor
pOrauOn, which itself is an illegal
enterprise because its charter could
be used only for lawful purposes, and
fit is unlawful to carry out the original
STANDARD Oil trust agreement. The
provisions of the federal statute of
July 2, 1890, commonly known as the
antitrust act, are relied upon to GUST
the concern from its present abiding
place. Under section of that act
81 is declared that "every contract
or com binaton in the form of a trust
or otherwise, or any conspiracy in re-
straint of trade or commerce among
lions, is hereby declared to be il
legal"
1t is further declared in the act that
every person who shall make any
such contract or engage in any such
cOmbina ton or conspiracy shall be
deemed guilty of a misdemeanor, and
on conviction thereof shall be pun
ished by a fine not exceeding $1,000
or by imprisonment not exceeding one
year, or by both said punishments, in
discretion n
Based on Injury Section.
The damage suit is to be based on
the sixth section, which says that ANY
person who shall be injured in his
business or property by any other per-
son by reason OF anything forbidden
or declared to be unlawful by this
act may sue therefor in any circuit
court in the United States district in
which the defendant resides or is
found, without respect to the amount
in controversy and shall recover
threefold damages by him sustained
and the costs of the suit
Mr. Rice relies upon the recent de-
cision of Justice Harlan of the United
States supreme court in deciding the
Northern Securities case, beginning
with his dfctum that no state can by
merely creating corporation or any
other mode, project it's authority into
other states and across the continent"
proceeding to state that every cOrpO-
ration created by the state necessarily
land.
While Rice appeared to be the only
attacking party interest Centers in
specializing whether others who have
cherished grievances against the
Standard Oil monopoly are not assoc
Gated with him and to what extent.
The company, although processing to
be in process of liquidation in recent
years may be shown to have altered
only its name. and not its essence nor
the personnel of its controlling spirits.
Standard Stock Not Affected.
Standard Oil stock was not affected
on the curb. 1t is believed the gem
eralship which has conserved its in
terests so successfully for a score of
years will be shown in the present
instance and that demurrers and de-
lays VIII be interpOsed so as to defer
any adjudication of the final question
Tor long period.
> C. T. Dodd, general counsel and
solicitor of the company, smiled when
questioned about the Rice suit and de-
Sllneu 10 discuss any sort of pending
Itigat ton, although he expressed some
surprise that Rice instituted another
acuon None of the men prominently
identified with the Standard Oil COM
pany was CHI 49,. with consDir-acz-
They viii not dis dss the matter al
though they admitted Rice had been
the most persistent foe of the com ~,
Tor more than dozen of years and
had won half a dozen legal Victories
aitnough he had not gained any pc
Suhlafy returns as an offset to the
large sums he expended in litigation.
silI EpitOmizes Fight.
The bill of complaint contains an
epitome Of the fight Rice made AGAINST
the Standard oil company and emu
merates the elastic provisions of the
new charter; describes the manner of
the pro forma dissolution under the
Ohio ruling exchange of sharehold-
ers certificates for assignable trust
certificates of the new fftv-six com
panies in partnership; describes how
the small producers. manufacturers.
and shippers met competition bv the
concern which controls mora Tia