The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-16

spireu 10 Wcstratn TTsue anu tFeate
q Monopoly Railway ebates and
Unfair Competition Named as Methods
Ised Dissolution or Trust and Porma-
iiOn OF Holding Company Declared TO
ne Merely Subterfuges suit Is . Civil
Action, similar TO That Against North.
ern Securities. AMI Does Not stand
In the way OF Criminal Prosecutions.
WASHINGTON, Nov. I5.-The utmost CON-
fidence prevails at the Department Of jus
tice in regard to the success OF the suit
filed against the Standard Oil Company in
st. Louis to-day.
1t is an open secret that ACKNOWLEDGEMENT
Moody wants to make the dissolution OF
the oil trust the crow ming achievement
OF his administration and he has devoted
much time and study to the antitrust
features of the Standard Oil case.
H~eexpects to leave the Attorney Generals
Office to become a Justice Of the Supreme
Court Of the United States and hopes that
the prosecution OF the case instituted to-day
will have been completed by that time,
at least so far as the court OF initial pro-
ceedings is concerned.
Two days g Mr.. Moody said he pro-
posed to make only one public statement
about the suit which was then about to
be begun and that he would make that on
the day the bill in equity was filed in ST.
Louis.
The proprleties forbade, he said, that be
should talk further about the case. for it
was a matter to be argued before the court 9
and to be decided by them; and he did not
feel at liberty 20 talk about il as if he were
on the stump.
The suit instituted this morni ng is to
be sharply distinguished, Of course. from
any proceeding that may be brought at
a later time under the criminal statutes.
This is a civil action intended to dis
solve the combination Of oil companies.
just as the suit against the N orthern Securi-
ties Company was an action to dissolve
the merger of three separate and sup
posedly competing railway lines.
1t is not improbable hat criminal pro-
ceedings may be entered upon by the Gov
eminent to punish st andsrd Oil Company
officers for violations of the antitrust
laws; but that matter has not been deter
mined Upon and has not been gone into
very deeply by the Attorney-G General and
his assistants.
The statement given out by Attorney
General Moody to-day, which. he says. will
be his only public uttersnce on the subject.
follows
I'm June last by direction OF the President
Messrs. Kellogg and Morrison were appoint
ed by me special ACKNOWLEDGEMENT, to act
with Assistant to the Attorney General
Purdy, to make an investigation Of the re-
lations Of the Standard Oil Company Of
New Jersey to the business OF refining.
Transporting, distributing and selling oil
throughout the United States; to ascertain
all the facts and report whether or not in
their opinion there has been a violation Of
the Sherman antitrust law by the Standard
Oil Company Of New Jersey or the persons
or corporations associated with or managing
IL.
The counsel hsve completed that duty
and the report OF their investigation has
received careful consideration by the Presi-
dent and his Cabinet.
The information available to the Depart
hAAOAAe NOAAN' W. nbS" NJ0S NhO - WIZ
porations and limited partnerships under the
control in the manne hereinafter stated
OF the Standard Oil Company Of New Jersey
produce, transport and sell about 90 per
cent. Of the refined oil produced, transported
and sold in the United States for domestic
use and about the same proportion OF
refined oil exported from the United States.
That this share OF the business has been
rn1..nAA - n $780, -- -AsA
beginning in 1870. has continued under the
direction Of the same persons down to the
present time.
That these persons now surviving are
John ID. Rock efeller, William Rock efeller,
Henry n. Rogers. Henry NJ. Flagier, JohnD.
Archbold, Oliver H. Payne and Charles NJ.
Pratt.
That the design throughout Of the
persons having control Of the enterprise
has been to suppress competition In the
production. transportation and sale OF
refined oil and to obtain as far az possible
a monopoly therein.
That between 1870 and 1882 thu design
was efeoted through agreement made
among many persons and corporations en-
gagged in this business.
That in 1882 the result aimed at as made
more certain by vesting In nine trustees
Including five Of the above named per-
sons) sufficient stock In the thirty-nin
corporations concerned TO enable the trus-
tees to control their operations in such a way
that competition among them was sup
pressed.
That this plan was acted upon until
il was declared unlawful by the Supreme
Court OF Ohio in an action against the Stand
ard OIL Company Of Ohio, one OF said cor
porations in 1897.
That during the seven years following
the same individual defendants. as a major
ity Of the liquidating trustees. we're pretend
ing 70 liquidate the trust but as a matter Of
So III -