The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-09-26

SlliS dNCVulhtS' boNh dhu lVANh w
tween the various concerns have
furnished matter for Big headlines,
one of the most salient and in
structive disclosures has hardly
commanded the attention ii deserves.
That is the persistence in an IL
legal purpose after it has been judi
cially declared illegal, and even the
acouescence and federation of high
authorities in the evasion that
consists in simply organizing an
other corporation to continue the
illegal practice.
This was pretty well understood
to be what the Standard was do
ing, but the legal evidence of it
was furnished last week. About
fifteen years ago the Standard Oil
Trust was judieially denounced. Nor
under the common law by the Sup
RENE Court of Ohio, and an injunc-
tion was issued against the contin-
auee of that combination. Everyone
conversant with the subject knew
that the illegality lay in the COM
mon control that prevented COM
petition between the various con-
Germs so controlled. Did the Stand
ard, in obedience to the injunction
abandon the maintenance of the
illegal cOmbinstion7 Not at all 1t
simply went to New Jersey and
organized another Standard Oil
Company there to maintain under
various disgises the same illegal
control and suppression of compe-
tition for which the Standard Oil
Trust was jdicially denonced. Nor
was this its first act of that char
acter. Its original method of COM
bination was by contracts and pur-
chases Of varying details between
the Standard Oil company of Ohio
and a barge number of other oil
companies under which they were
run as the Standard dictated. These
contracts having been declared il
legal as suppressive of competition
the Standard Trust was forced TO
continue the illegality under another
corporate glise. The Standard Trust
Ibcing declared Illegal for the same
Ireason the Standard Oil Company
CT New Jersey was called into be-
ing to maintain the thing that earn.
the judicial condemnation but yield.
ed judicial condemnation but yield.
Inrofit inst diSoloSad
The feature that should hasten
the public attention is this persist
ence in the illegal purpose and the
corporate motion that judicial de-
crees can be evaded by changing
the name under which the practice
actually condemned is conducted.
1t has historical detail that is
worth recalling. The process of shift
ing the illegal combination from
cme form to another had not been
fully completed before Attorney
General Monnett of Ohio got wind
of it and instituted proceedings tc
declare the combination in contempt
of the decree of the Ohio court.
The Oificial had the bad fortune
to undertake this task at time
when combination principles were
powerful in high places. His effort
to enforce the injunction was moi
well received. He was squibbed by
a large share of the press, de.
nOunced by opposing counsel, brow.
beaten by the courts and defeated
! in his effort to compel the produc.
Ition of evidence And after the lapse
of years it is disclosed that his
contention was entirely correct.
In view of the fact that this
practice OF evading unfavolable
decisions by continuing the illegal
practice under h new disguise is
common resort in range of cases
extending from the South Penn
decision in this State to the North
en Securities ease the point that
should sink into the general mind
is that the plainly declared law has
not been enforced 1t is not en-
forcing "a law TO issue an iniunc-
tion against an Illegal course, and
to permit this illegaIity to go on,
any more than ii would be en-
forcing the law against burglary
to sentence a burglar to prison and
then to simply turn him loose TO
commit further burglaries. Since
there has of late been a recrudes-
cenee of assertions that the anti
trust alw and common-Iaw princi-
piles against the monopolies "'have
not had the effect intended" it is
worth while to consider the practi-
cal axiom that no law will have
the effect intended if it is not en-
forced. -Pittsbmg Dispatch.
DEATH FOR HABLTUAL GRIM
lNALS.
Attorney General .Bonaparte has
been quoted in recent address as
iayol1ng capital punishment for the
lBlbltual commission of the major
crimes. He seems on that single
point to have reached practical
agreement with Gaorga po,,,,,I