The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-02
TO GUST TRUST.
Suit to Drive the Standard Out
of Kansas.
Attorney General Begins Action
In Supreme Court.
is IN A COMBINATION.
Charged That Company Is in
League With Railroads.
Purpose Is to Stop Tyrannical
Trust Methods.
Separate Suit Against the Santa
Fe at Sedan.
is IN A COMBINATION.

Quo warranto proceedings have
been instituted in the state supreme
court by Attorney General Coleman in
the name of the state against the
Standard Oil company to oust it from
doing business in Kansas. A restrain
ing order is also asked to prohibit the
company from continuing contracts in
restraint of trade, and a receiver is
asked to wind up its affairs in Kansas.
1t is alleged that the Standard is in
a combination with most of the rail-
roads of Kansas ard the traffic asso-
Citations to control the oil business and
that it is violating the antitrust laws.
Practically all of the railroads of the
state are named in this connection
with the exception of the Santa Fe.
At the same time a suit was filed in
the district court of Chautauqua coun-
ty in the name of the county attorney
against the Santa Fe under the anti
trust law. in which it is accused of an
unlawful combination with other rail-
roads to control freight rates on oil.
incidentally an injunction is asked to
ceiver is asked for. but it is stated that
the latter request will not be pushed
except as an extreme measure.
The fact that the Santa Fe is omit
Standard in the supreme court and
that q separate suit is brought against
that railway under the antitrust law,
seems to indicate that the two suits
are brought together. Frank S. Mo-
nett. former attorney general of Ohio,
went to Sedan yesterday, accompanied
by c. A. Walsh, the personal repre-
sentative of w. r. Hearst. and pre-
pared the papers against the Santa Fe.
While the Kansas Oil Producers asso-
citation is, of course, behind these suits,
the impression has got out that Mr..
Hearst is also aiding in the matter
Monett and Walsh are both in Hearst.s
employ No name but that of Attor-
ney General Coleman is attached to
the suit against the Standard.
The StSndard is, of course, the real
company that the oil men are after,
and it is probable that the Santa Fe
suit is brought in order to dissolve the
freight rate combination if the action
against the Standard direct should
fail.
The writ in the Standard case is
made returnable on March 10 and
the answer day is fixed for March 80.
The Standard has no authority to do
business in Kansas itself, but it is al
legged that it is doing business in
Wyandotte county and the SUNNI OnS
in the case was issued to the sheriff
of that county for service The Bush
corporation law provides that outside
corporations doing business in Kansas
must file with the secretary of state
the name of an agent or representa-
five outside the state, but the Stand
ard has not done this, so unless it ac-
knowledges service it will have no
standing in the courts, and if the
facts alleged in the petition can be
proven it will have no standing any
Three things are asked for; First.
a writ of custer because it has not
compiled with the provisions of the
corporation law; second, q restrain
ing order to prohibit it from carrying
out contracts in restraint of trade con-
trary to the antitrust law; and third, |
a receiver to wind UP its business.
The action is therefore a. suit of wide
import.
The petition against the Standard |
alleges that the company has wholly |
failed to comply with the provisions of
the charter law relative to admission
to the state and filing a list of its Of
hcers and its reports with the secre- |
tary of state 1t is stated that the
company's capitalization is 100000 /
900, and that it's charter fee for ad-
mission to Kansas would be $4,000. |
which it has not paid But notwlth-
standing that it has no authority to 4
do business in Kansas it is engage +
in the refining of crude petroleum in
Kan, and is engaged in |
selling oil in practically every county |
in Kansas, its business amounting to |
more than a million dollars a year. /
This is the first count against the |
Standard.
Second comes the trust charge. 1t
is alleged that the Standard has
a bused its power as a corporation by /
violating the antitrust law of the
state entering into a combination
with railways and traffic associations
to control transportation rates on oil
and therefore control the market.
The railroads and traffic associations
named in the complaint are the Mis-
souri, Pacific, the Rock Island, theI
Kansas City Southern. the Kansas City /
Belt the Kansas City. Fort Scott & I
Memphis, the Orient, the Kansas City
& South western, the Leavenworth &
Topeka, the NJ, K. & T, the Central
Branch the Kansas City & North
western, the Kansas & Central Pa
cific the Kanopolis & Southwestern,
the Leroy & Caney Valley Air Line,
the Rocks County railway, the Grand
the L.. K. & W., the Union Tank Line
company of New York, the telegraphicl
department of the Buckeye Pipe Line
company the Transcontinental Freight
nurea11 the TraEsnississippi Freight
Ioureau the Western Trunk Line COM
nanv and the Southwestern Traffic
IT is alleged that these traffic asso-
are organized for the purpose
of concerted and united action for
stablisaiag noncOmpetitive joint
freight rates in Kansas, and mat the
Standard belongs to all of them
The petition at the close or the ap-
pIication is as follows:
Wherefore the plaintiff prays that
the charter, franchise rights and prlVl-4
leges of the corporate existence of said
defendant company shall forthwith
cease in compliance with the aforesaid