The Montgomery advertiser., 1907-05-25
GUST STANDARD OIL
REPORT OF COMMISSION TO ST.,
PREME COURT.
Anthony Holds That Testimony Proves
that Agreement to Control Pricen
and XIII Competition was
Entered Into,

emerson lily MO-, May 24--Judge
SoDert A. Anthoney. appointed by the
testimony In the suit Instituted by At
torney General HadIey against the
standard Oil Company, the Waters
Fierce Company and the Republic Oil
company, charging a conspiracy, today
made his report to the court
his findings hold that the Standard,
Waters-Pierce ana Republic OIL COM
panfes entered into an agreement to
control prices of oil. He recommends
that their charters be revoked and that
they be ousted from the State. He
holds that the Supreme Court has the
authority to make the ruling of GUST
err.
Attorney General Hadley filed the
suit In the Supreme Court two years
ago, charging that the Standard Oil
Company, the Waters Pierce Oil Com
pany and the Republic Oil Company
were in the trust and were parties to
a conspiracy to control the price of
oil and petroleum products in Missouri
and to limit and prevent competition
in the oil business.
Judge Anthony. of Frederick, MO-.
was appointed by the Supreme Court
to take testimony and report MS ind
ings TO the court. More than a year
has been occupied In the taking of
the testimony, witnesses having been
other cities.
In his report to the court. Judge An
thony reviews in detail the testimony
showing the organization and conduct
of the companies. He reports to the
court that the evidence shows that in
1901 the Standard, Waters-Pierce and
Republic Oil companies entered into
an agreement which continued to ex-
list up to the time of the fling of the
suit for the purpose of fixing and con-
trolling the prices to be paid by re-
tail dealers and others In Missouri for
the products of petroleum and to limit
and prevent competition In the busi-
ness of buying and selling oil.
The commissioner further finds that
the three oil companies from 1901 up
to the time of bringing suit by the
Attorney General did
First--Fix and maintain the prices
of the refined products of petroleum
sold in Missouri. consisting of coal
oil. gasoline and naptha.
Second--Did control and limit the
trade on such refined products of pc
'troleum in the State.
Third--Did prevent and destroy COM
petition in the purchase and sale of
such refined products of petroleum.
The report that in pursuance of the
agreement of the oil companies prevent
ed competition among themselves and
others in Missouri. securing control Of
80 per cent. of the oil business, de-
priving the people of free. full and
wholesome competition; that the oil
companies misled the public to believe
that they were separate and distinct
when in fact the agreement made them
one corporation.
The finding of the commissioner sus-
tain in tot the contentious of Attor-
ney General Hadley in the petition fled
with the court two years ago.
The report of the Commissioner will
now be reviewed by the Supreme Court.
The court may affirm the findings OF
the commissioner. or it may remand
the case to be set for further proceed
ines II the report should be affirmed
and the findings of the commissioner
adopted by the court, the court would
then have power to take from the Wa
ers-Pierce Oil Company, which Is
Missouri corporation. its franchise
to the Standard and Republic compa-
MES, both of which are foreign cor
norations, the court would have pow
er to cancel their right to do business
in Missouri. The court may impose
fines on the defendants.
Attorney G. 4. Johnson. for the
Standard Oil, began his attack on the
governments bill as soon as court was
opened He said the government
charged the Standard Oil Company with
having committed acts which were
long in the past of which the court
could have no cognizance. He said it
was not the Standard Oil Company of
years gone by that the government
sought to have declared an Illegal com
bination. but 1t was the Standard OIL
Company of New Jersey that they
wanted broken up.
TT is not" said he, "as il the things
they aver in their bill were conspired
in 1870 or in 1882, but the pleading
saws that every conspiracy of the past
was merged into the Standard Oil Com
pany of New Jersey and that is what
they pray relief against. Against the
alleged conspiracy that exists there is
an issue raised in the answer of the
defendants"
Mr.. Johnson called attention to the
fact that although the Standard Oil
company was charged with many
crimes. OF rebating. restraint OF trade
and other acts, yet those engaged with
the defendants in these acts were not
made a party to the suit
Mr.. johnson read several rules re-
garding the introduction of impertinent
matter in the bill of complaint, long
recitals of alleged facts which he
claimed had no place in the document
and devoted much time in argument on
this subject.