The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-06-17
PA. TRUST rus ! DIES D
BY COURT 8 s DECREE
JUDGE sANBoRN LEAVES NO
CHANCE FOR LIFE.
Document Filed Yesterday in st. Paul
& Is So Stringent in It's Provisions and
Orders That Big Combination Must
Cease to Exist or Members Will Be I
in Contempt. :;

The demise of the paper trust was
officially sealed late Saturday after
noon when Judge Sanborn Of the
lengthy decree, most stringent in its
restrictions of the trust, not only en-
Joining it from continuing operations
objected to in the original complaint,
but preventing it from organizing any
future combination which will in any
way restrain the trade and laying the
members Of the trust individually open
to punishment for contempt of court
if they do so. B - =. ..-s-.-.-
The decree came up for entry Sat.
urday as the date to which a recess Of
the court had been taken to permit of
the decree's preparation. It had. been
drafted by Frank B. Kellogg, the gov
eminent s attorney in the case, and not
a loophole was left for the trust to
crawl thru. - ~., as: .e'.>sE-. e..
Defendants Object.
Judge Flanders and A. B. Brace, at
torneysj for the trust, strenuously o.
decree Mr.. Kellogg defended the form
offered, contending that the decree
should enjoin against all future opera
tions in restraint of trade or which
violated the interstate commerce act.
Judge Sanborn took the matter under
advisernent till late in the afternoon,
when he announced that the decree
would be entered by him in practically
the form in which it, was originally
he gave. orally from the bench his rea
sons, quoting from decisions at length
and going into the legal and technical
points. -. .,
Terms Of Decree. - -,
He then ordered the clerk to formally
file the following decree:
This cause this day coming on to be heard
before the United States circuit court for the
district Of Minnesota, third division, upon mo-
ton of the complainant for an injunction in &C.
cordance with the prayer OF the bill Of COM
plant heretofore filed herein, and the defend
ants, General Paper company, the Itasca Paper
company, Hennepin Paper company, Wolf River
Paper and Fiber company, Atlas Paper company
Kimberly and Clark company, Riverside Fiber
nauv centrsiia Pub and Water Power company
Combined Locks Paper company, Dells Paper and
Pulp company Grand Rapids Pulp and Paper
company, Menasha Paper company, the O. w.
Howard company, the Nekoosa Paper company,
the Falls Manufacturing company, Elamoeau "a
per company, the John Edwards Manufacturing
company, Tomahawk Pulp and Paper company 2I
Northwest Paper company, Consolidated Water
Power and Paper company, the petosSey FIBER
pearing by their solicitors, and the court being
duly advised in the premises, 1t is ordered, ad-
judged and decreed as follows
Flrst-That the defendants did. as alleged in
the bill Of complaint, in violation Of the ProVi-
sions OF sections l and 2 respectively, OF the
IAN Act to Protect Trade and Commerce Against
Unlawful Restraints and Monopolies,' enter into
one another to restrain the trade and commerce
among the several states, and to control, regu-
late and monopolize the trade and commerce In
ton hu sale and shipment thereof among the sew
eral states, and that in pursuance of the COM
bination and to monopolise the trade and com.
under the laws of the state of Wisconsin, cor
poration, towit: The General Paper company, de-
fe9dsn with "a, capital stSek s, Of so d.
| were distributed among the defendants upon the
| basis Of the estimated relstive productions OF
| that the stock was owned BY the defendants and
| that each Of the defendants by contract ere
| ated the General Paper company Its exclusive
selling agent for all paper manufactured by each
Of the defendants and conferred upon the Gen:
eral Paper company absolute power. to control
which all paper manufactured by the defendants
should be sold thruout the states Of Illinois, Wis
eonsin. Minnesota, Iowa, North Dakota, South
| braska and other states, and to determine tc
whom and the terms and conditions upon which
the paper should be sold, into what states and
l
and other customers the mill of each OF the de
| PENDANTS should supply. That the General Pa
| per company was controlled by board of direct
| ors, upon which board each Of the defendants
other than the General Paper company was rep
| resented by Of Its principal officers, ant
| that the number of the board has been from
| time to time increased as new manufacturing
corporations entered into contracts with the Gen
eral Paper company. making 1t their exclusive
selling agent, SO as to permit representation
| thereon by the new corporation. That the com
bination is adjudged and decreed to be unlawful
| and in derogation Of the common rights of tn
the act Of congress Of July 2, 1890, and tina
| the defendants and all and each OF their lie
specttve directors, officers, agents, servants AM
employees, and all persons acting under Or thr,
them In their behalf, claiming 50 to act
be, and they and each Of them are hereby pet
petually enjoined, restrained and prohibited fror
doing any act in pursuance Of tor the purpos
Of carrying out the nation, conspiracy an
agreement in restraint Of trade and commerce
and from monopolizing the trade and commerce
company, its officers, agents. servants and en-
ployees be enjoined from acting the sale
agent of the defendants and from selling or fl
4 ing the price at which papers shall be sold an
y into what states it shall be shipped and sold
i and all contracts agreements and understandings
s by which the General Paper company was and /
acting as the general sales agent OF the de
PENDANTS declared unlawful and Cancelled, al
nulled and set aside and they are enjoined an
restrained from making, executing or carryin
| out any such contract, agreement understand
ing in the future.
| Third-That each of the defendants is joint
| and severally restrained and enjoined from col
: timing the agreements between the defendant
and the General Paper company and all agre
ments heretofore made whereby the General P,
any and all papers and all contracts and agre
, ments and understandings by which the Gener,