The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1907-03-14
COURT HAS POWER
Can Compel Non-Residents to APP
pear In St. Louis and Stand
Trial for Conspiracy.
AGAINST The STANDARD OIL
With SO Other Corporations and Indi.
viduaIs It Had Denied the Jurs.
dicton Of the Court to
Bring 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 ana 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 1t
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 party and to other
cases not material to the issues here
presented.
This Is u case in equity arising UNI
der 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
ton. to hearing and decree herein.
'The alleged conspiracy is one. Its
scheme Is single. 1t has but one OBJ
ject. Perhaps none Of alleged con-
spirators, participates in every part
Of the conception and Of the work Of
the combination. But every one of
them takes his part in the plan or
in its execution, a part promotive of
Is purpose, the restraint and mOn0p-
ization of commerce, in products of
petroleum among the states
ITO the Waters-Pierce Oil company
he resident defendant, has been al
Gifted no inconsiderable portion of the
execution of this plan. Its part is,
sith the aid of the Galena Signal Oil
ompany to restrain and monopolize the
commerce throughout the United
States in the lubricating oil used by
abroad companies, and, with the aid
# the Standard Oil company of Indi,
ma, TO divide between them the ter
itory in Missouri and the southwest
nd to restrain and monopolize the
ommerce in products of petroleum in
heir respective districts.
at has accepted its assignment and
5 engaged in the performance of this
ortion of the scheme of the alleged
THE Waters-Pierce Oil company was
therefore, a conscious and active party
8 the entire alleged conspiracy and
he act Of July 2, 1890, conferred am.
lie power upon this court to bring
ere its nonresident co-conspirators
'henever it was made to appear to
that the ends of justice required
heir presence
The defendants have until April 1
} file answer to the petition in COM
laint, after which time date will be
ct for the hearing in the case.