The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1907-03-15
COURT HAS POWER
Can Compel Non-Residents to Ap-
pear in st. Louis and Stand
Trial for Conspiracy.
AGAINST The STANDARD OIL
With SO other Corporations and lndi-
vduals II Had Denied the Juris-
diction of the Court to
Ering Them There.

st. Louis, March ga decision was
handed down in the United States
circuit court Thursday sustaining The
order of service out of the United
States circuit court against the Stand
ard Oil company and over so other
nonresident corporations and in
'dividuals, co-defendants with the
Waters-Pierce Oil company, IN the
suit filed by the government at the
Instance of President Roosevelt Over
a month ago motion was filed by
the defendants TO the effect that it
was not in the jurisdiction of the st.
Louis court to compel nonresident
witnesses to come here and testify in
the suit. Arguments were heard be-
fore Federal Judges Sanborn, Hook,
Adams and VanDevanter and the
point at issue was taken under advise
ment. Judge Sanborn wrote the
opinion.
The decision in part follows:
The judicial power of the United
States is vested by the constitution
in the supreme court land in such in
ferior courts as the congress from
time to time may ordain and establish.
The power extends to all cases in
law and equity arising under this con-
stitution, the laws of the United States,
in controversies to which the United
States shall be a party and to other
cases not material to the issues here
presented
This is a case in equity arising un-
der a law of the United States The
United States is party to the contro-
versy which it involves, and the Con-
gress had ample authority under these
provisions of the constitution to con-
fer upon this or upon any inferior
court of the nation jurisdiction Of this
suit and power to summon the proper
parties to it wherever residing or
found within the dominion of the ma
lion, to hearing and decree herein.
The alleged conspiracy is one Its
scheme is single. 1t has but one OBJ
.iect. Perhaps none of alleged con-
sspirators, participates in every part
sof the conception and of the work OF
the combination. But every one of
Jhem takes his part in the plan or
in its execution, a part promotive OF
its purpose, the restraint and monop'
1ization of commerce, in products Of
petroleum among the states.
ITO the Waters-Pierce Oil company
the resident defendant, has been al
lotted no inconsiderable portion of the
execution of this plan. Its part is,
with the aid of the Galena Signal Oil
commerce throughout the United
States in the lubricating oil used by
railroad companies, and, with the aid
of the Standard Oil company of lndi
ana, to divide between them the ter
ritory in Missouri and the southwest
and to restrain and monopolize the
commerce in products of petroleum in
their respective districts.
ut has accepted its assignment and
is engaged in the performance of this
portion of the scheme of the alleged
conspiracy.
THE Waters-Pierce Oil company was
Therefore a conscious and active party
to the entire alleged conspiracy and
the act of July 2, 1890, conferred am
pie power upon this court to bring
here its nonresident co-conspirators
whenever it was made to appear to
it that the ends of justice required
sheir presence"
The defendants have until April /
to file answer to the petition in COM
plant after which time date will be
set for the hearing in the case.