The Caucasian. (Shreveport, La.) 1900-192?, 1907-12-12
ACTION ALL AFFIRMED.
Third District Court of Civil
Appeals Upholds State In
WATERS-PIERCE DECISION,
In Every Particular the Verdict of the
Jury Is Sustained, Which Is Custer as
Well as Penalties Aggreeating Over
Million and Half Dollars.

AuStlu, Lee. lG.-lUe court Vi CIVIL
appeals for the Third district affirmed
the opinion of the trial court in the
custer suit instituted by Attorney Gen.
era1 Davidson against the Waters
Pierce Oil company. Every conten-
ton made by the state is upheld, in
Guiding the verdict of the jury for can
collation. of permit of defendant COM
pany and to recover penalties amount
ing to $1,623,000. The opinion was
delivered by Associate Justice Key
and unanimously concurred in, and
constitutes another victory for the
state
The court Of civil appeals also re-
fused rehearing in the receivership
part of the case, which finally, con-
cludes another point in this litigation.
Unless an appeal to the supreme court
of the United States is taken in the
receivership case the Federal receiver
will be ousted as soon as the mandate
from the United States circuit court
at New Orleans is served on him and
the state receiver will then take
charge.
The court, in affirming the custer
and penalty suit, held that there is evil
dence in the record which supports
the finding Of the Jury and I'VE find
the facts to be as found by the YER
dict In general terms the conclusions
of the court are to effect that it IS not
shown that error was committed in
overriding appellants application for
change Of venue; in various rulings
upon exceptions to pleadings, and as
to admissibility Of testimony No posi-
tive error has been assigned upon
charge Of the court, which charge this
court sets out in full and makes it a
part of its opinion. The court says:
1--WE all agree that if the charge In
question be erroneous it affords no
grounds for reversal because the jury
found that appellant had violated
other provisions of the antitrust act
of 1903, and awarded only one penalty
for each days violation"
The validity of the acts of 1899 and
1898. according to the court, fully au-
| u.
tention that the act of 1903 contains
criminal provision under which a
civil suit can be instituted does not
hold with court, as the legislature has
power to pass laws Of this kind An.
other point not well known advanced
by the defendant company Is that
Is that same Legislature which enacted
act of 1899, also passed law allowing
labor organizations to organize for mu-
tual protection. The court says that
this act grants no exemptions upon
the antitrust statue
The court also holds that rights Of
the state are fully preserved by act Of
1899, although 1t was repealed by act
Of 1903; that the last act, while repeal
ing the former one, expressly gives
the state the right to enforce penalties
prescribed by act Of 1899, as it was
Legislative intention to protect the
state even as to enforcement of pen.
alties.
AS to the point made by appellant
that fine was excessive, the court says
that the law was violated for six years,
and the verdict is not so large as to
render it manifest that the jury was
actuated by prejudice or other I'M
proper motives. The appellant also
contends that testimony failed to show
that Waters-Pierce Oil company has
violated any of the antitrust laws Of
the state. The court finds that the
evidence Is very voluminous and it is
not necessary that it be set out or
epitomized in this opinion. 1t is suf-
ficinet, We think, to show from the
date of its permit to do business in
this state, May 81, 1900, appellant has
been party to an agreement or I'M
derstanding with the Standard Oil
company of New Jersey, one object of
which was to create a monopoly and
control the price of petroleum oil and
prevent competition in it's sale, in
large specified territory including
Texas.
1--WE hold that the verdict was sup
ported by the testimony and no error
was omitted in overruling the motion
for new trial. No reversible error
has been shown"