Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-03-14

Can Compel Non-ResidsntS % Az
pear IN St. Louis and Stand
Trial for Conspiracy,
AGAINST the STANDARD OIL
With 30 Other Corporations and lndl.
vIduaIs II Had Denied the JurIs-
dlctIon Of the Court 70
Bring Them There.

Bring Them There.
st. Louis, March ga decision wa
handed down In the United State
circuit court Thursday sustaining Il,
order OF service out Of the Unite,
States circuit court against the Stand
| ard OIL company and over 50 othel
nonresident corporations ana in
dividuals. co-defendants with thu
Waters-Pierce Oil company, in thu
suit filed by the government at thu
Instance Of President Roosevelt. ovel
a month ago a motion was filed by
the defendants to the effect that II
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 6anborn, Hook,
Adams and VanDevanter. and the
point at issue was taken under advise
ment Judge Sanborn wrote the
opinion.
Judges Van Deyanter, Hook and
Adams concurred In the sdecision.
The attorneys for the oil companies
and the oil magnates set up three
reasons why those not residents Of
the eastern judicial district Of Mis-
souri, should not be compelled to
come here and testify in the trial Of
the governments case. They were:
/. That the court was without
Jurisdiction to make the order bring
In them here.
q That the order was premature
~ and irregularly made.
8. That the ends Of justice did
not require that the non resident
defendants should be brought into
this suit.
The decision in part follows:
"The judicial power Of the United
States Is vested by the constitution
In the supreme court "and IN such In
ferior courts as the congress from
time to time may ordain and establish.
The power extends TO ali 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 . case In equity arising I'M
der Q law Of the United States. The
United States IL q 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
Judge Sanborn fails to find In the
act Of congress any such limitation
upon the court. After mentioning this
fact he says:
THE alleged conspiracy is one, Its
scheme Is single. 1t has but one OBJ
ject. Perhaps none Of alleged con
participates in every part
Of the conception and of the work Of
the combination. But every one Of
hem takes his part in the plan or
N its execution, part promotive Of
Is purpose, the restraint and monop
ization Of commerce, in products Of
petroleum among the states.
ITO the Waters-Pierce OH company
he resident defendant, has been al.
Cited no lnconsiderable portion Of the
execution Of this plan. Its part is,
With the aid Of the Galena Signal OH
ompany to restrain and monopolize the
throughout the United
states In the lubricating oil used by
abroad companies, and, with the aid
4 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.
1T has accepted its assignment and
J engaged in the performance Of this
ortion Of the scheme Of the alleged |
It has been engaged in /
xecuting some part OF its plan for ,
lany years.
"The Waters-P Pierce Oh company was !
therefore, a conscious and active party 1
} the entire alleged conspiracy and I
he act Of July 2. 1890, conferred am Z
le power upon this court to bring
ere It's nonresident co-conspirators
'henever Il was made to appear to :,
that the ends Of justice required y
leir presence" =
The defendants have until April
, file answer to the petition in com Z
Iaint. after which time q date vIll be =
It for the hearing In the case. !,