The Birmingham age-herald., 1906-10-10
PROSECUTION IF
 STANDARD BEGINS Ohio Court Investigates Viola
 lions of Law HISTORY OF THE BIG TRUST Prosecutor DavId's Presentation of the Case Is Objected to By Corpora ton, But Sustained By
 the Court.
HISTORY OF THE BIG TRUST

1 today charged with conspiracy against trade in violation of the state antitrust laws. The penalty prescribed Is fine of from $50 to s5OOO or from six to twelve months Imprisonment
 John D. Rockefeller was originally party to the suit but was granted separate trial the date of which will depend on the success of the state in the present proceedings. It Is said MT. Rockefeller will not be witness and will not attend the trial which will be be- fore Judge Banker and jury. jury was secured in the first hour and fifty minutes of the trial and a recess taken until afternoon.
 What the state expects to prove against the Standard oil Company of ohio was made the subject of a lengthy address l to the jury by County Prosecutor David.
 Gives History Of Standard. The evidence the state would adduce he said would be principally documentary MT. David gave the jury detailed ex- l planation of the Valentine antitrust law, and then read the information against the defendant setting forth the ground or action He followed this with history of the standard oil Trust" from It's or ganization In 1882 down to the present time
 The object of the trust was to con l trol the oil business and ninety per cent 1 of the capital skill and property en- 1 gagged in the oil business In the united l States, was gathered into the trust which was controlled by nine trustees. | This arrangement continued for ten years during which time nineteen com panies subsidiary to the trust, but con | trolled by It, were organized
 In 1892 the total capitalization of the companies was $102 ,133 700, with a surplus of SEQ 000O0,000. l The suit of Attorney General Wilson Of Ohio in 1892 charging that the trust agree | ment created monopoly. was next eX- | plained by Mir David. The Valentine act i was not then In existence. and the acton was brought under the common law. The supreme court of the state round the Standard oil trust to be monoponstlc ana against public policy, and ordered the | trust dissolved.
 Never Intended to Comply With Law. MT David asserted that 1t is expected In l this trial to prove that the board or l trustees of the local companies he had | named. never did and never intenoed to 1 comply with that order of the court, al- l though technically they may have ob- served the same in the letter. At meeting of the board of stockholders or 1 the trust called to dissolve the trust
 
 arrangements were made for winding up the affairs of the trust, and liquidating trustees were chosen, being the same as the old trustees which he again named. l Seven years later In 1899. he said John i D. Rockefeller and the same trustees were still controlling the policies ana business of the Standard oil trust
 The contempt proceedings instituted against the trust in 1898 by Attorney | General Monnett of Ohio, but which the supreme court of the state dismissed, were here explained to the jury. IL was during the pendancy of these proceedings, he said, that another form was given the organization. The Standard oil company of New Jersey was organized as mold ing company" with capital stock of Sll0,- GOO GOO. and increased corporate power which included the right to buy, hold and vote the stock of the other corporations. John D. Rockefeller. h. said, was the largest stock owner and was president Of the corporation.
 Purchased Subsidiary Stock.
 Between the years 1899 and 1901 MT. David said the New Jersey organization .issued So, 100000 of capital stock, and pur- chased nearly all of the stock of the sub- sidlary companies in the trust, including the Ohio companies heretofore named And from that date until the present time the same directors have domnated these state companies, have voted all the stocks of all the companies, elected the officers, and controlled the policy oi the same for the same effect and pur- poses, as they did while they were in the original tiust formed In lSS2
 Mr Davis then stated that "E. 9 Bars low a director in the New Jersey com pary, Is president of the Standard OH company of Ohio; that Ii. H. Rogers, a director il, the New Jersey corporation is president of the Buck Eye Pipe Line com pany; that John Archbold, director lIi ,bo Ne,v Jersey corporation is president of the Ohio company. and the Solar ke- fining company
 As to inc buslness methods of the local co,npanies. he said, the Standard oil com- pany of Ono, the Solar Refining com Dary. refined oil; the Ohio oil company was a producer of crude petroleum, ana Is also as this time engeged in building a nine line from the Illinois oil fields to connect with the Inciana Pipe company; that the Buckeye oil cor pany is gath ering and transporting company.
 Do Not Compete In Purchase.
 Mir. Davis said the state woul snow that all these iefineries needed crude on to refine they never competed In it's pur~ chase. and wrile they lad oil to sell. tbnv never competed in It's sale in Han cock corr ty.
 The state In this case, tohVluueu MT. David ..claims that notwithstanding the numerous makeshifts and changes made l,v thesa ,nen from 'sss until the date of the filing of the information in ths case, Jc hn D. Rockefeller William Rockefci- Ter. Henry NJ. F'lagler, John D. Arenpold. IT. IL Rogers. have continuously, puf- posely and unllwfully maintained and op- erated a trust, monopoly or coHlelnatlon anu that the Standard oil con'fany of Ohio Is a member of that trust o9 mon orolv or combination. and you were call ed here today and sworn to try the issue terwesa the state of Ohio and the stand ard oil company of Ohio, and te find in ,,o,r verdict whether or not the Standard oil compa ny organized under the laws of Clio is guilty of belonging to this trust
 Mir. Kline objected to David's state ment which he said was argumentative. ghe judge saN nothing Improper Tn the statements of the prosecutor.