New-York tribune., 1908-11-16
FORAKER ASKS SUPPORT
DEFENDS EMPLOY MENT
By STANDARD OIL.
Cites Letters from Counsel to Shoe
He Did Nothing UroHg-Makes
an .4ppeaI to His Constituents

Cincinnati. Nov I5-senator Foraker to-day
made public correspondence with Virgil P Kline
and NJ F. Elliott. Of counsel for the Standard Oil
Company in regard TO the services he rendered
70 that COMPANY AIr Kline declares. and Mr.
Elliott confirms his statement. that nothing IN
consistent with his public duties was asked OF
or accepted by the Senator, and that he has had
no relations with the company. an attorney
or otherwise for more than seven years Mr..
Foraker closes his statement with an appeal 10
the Legislature and people of Ohio for re-elec-
ton to the Senate
Now that the election is over and the people
have read and studied the returns" Mr.. Foraker
says i deem it an opportune time and my duty
TO my constituents. well TO myself TO pub
lish the following correspondence:
Mr. FORAKER To MR. KLINE
Cincinnati. October 8. 1908.
Virgil P. Kline. Esq. Cleveland Ohio.
Dear Sir: II view of the charges Of Mr.
Hearst and the discussion now going in the
newspapers as to the character OF my employ
ment by the Standard Oil Company and the ser
vices I rendered under such employment. would
be glad If YOU would write me in regard thereto
and give me permission TO use your letter II oc-
casion should seem to require II I make this
request because was employed by YOU person
ally and because you are entirely familiar with
the scope Of that employment the services rem
dered, and in short. the whole subject, and be
cause. under the circumstances, I prefer that
With assurances of continued regard, I re-
J. B. FORAKER
MR. KLINE To Mr.. FORAKER.
Cleveland. Ohio October 6, 1905
Hon Joseph B. Foraker. Cincinnati
Ny Dear Sir: I am just in receipt Of yours or
the 9th inst. asking me write you il re-
gard 10 your employment, with permission TO
use my letter if occasion should seem 10 re
Quire. With that request am glad TO comply
In December, 1898, at the time you were en-
pioyed by me, there was pending against me
Standard Oil Company in the Supreme Court OF
the State Of Ohio very serious ana dlf1icut ntga-
ton A proceeding in contempt had been institut-
ed by the Attorney General charging that COM
pany with having wifully violated the order OF
the Supreme Court directing II TO withdraw from
the trust agreement The company had an
swereG issues been made up and a considerable
volume Of testimony taken. There was also
pending against the Buckeye Pipe Line Com
pany proceeding in quo warranto charging II
with being 2 member Of a trust. IN violation OF
the antitrust laws Of the state; also like pro
ceeOlng against the ONO Oh company anu Inc
Solar Refining Company. and one Of a like char
ecter Al that time I think, threatened against
the Standard OIL Company OF Ohio, and Whlch
was brought in January, 1899 These were SO
called constituent companies Of the standard
Oil Trust
These bills in QUO warranto were all filed in
the Supreme Court and asked for the revocation
OF the charters OF The said several corporations
OF the properties ana the Glssolulion o. 1le
various companies. Many millions Of dollars OF
property were thus involved in the litigation
already pending, and much lmperliled. IN add
ton 20 the other litigation threatened.
i was il the midst OF these difficult cases,
with the ver-v serious consequences incident TO
any adverse decision. that. with the approval
Of my client, turned 70 You for assistance and
advice.
LITIGATION N OHIO.
The STANDARD Oil Company of Ohio had
deayored IN good fsIth to comply with the order
of-the Supreme Court The trust certIfltaJe
( holders had by resolution passed a meeting
held IN New York in March. 1892 determined not
only that the standard on company OF ONO
should withdraw from the so-called trust agree
rnent but that the trust itself should be dis
solved. and the trustees had entered in good
faith upon the policy Of dissolution and
winding up OF the entire trust
Many practical difficulties presented them
selves. as the trust certificates, Of par value
Of more than S97.Go0000. were held everywhere
throughout the country. had been invested in by
savings banks and trust companies, had passed
rom hand 10 hand IN the market Tor ten years,
were held IN large and small amounts, ana the
effort 10 give the trust certificate holders legal
interest IN the stock OF the various companies
that mad formerly been in the trust was one Of
great difficulty
had remember. q prolonged interview with
you when I first met you in connection with
business Copies Of the Fleadings IN the con
tempt case were shown YOU and the substance
OF the evidence already taken narrated, together
with the action OF the ceTtlncate hoi0eTs taken
al the meeting and the course OF proceeding Of
the trustees carrying out the purpose Of the res
OlutlOn 10 dissolve the trust and little later
certified copies of the voiuminous pleadings in
the four cases above named. and the interrOga-
tories annexed thereto. directed 10 the officers Of
the four companies above named, We're furnished
and the history o. each one OF those companies
and the relation Of each 10 the Standard oil
Company of Ohio. and Of the other organizations
alleged 10 be members Of the trust (some twenty
in number), became the subject OF investigation
az once b. you The Importance of the litigation
could hardly. from the standpoint Of the Stand
ara. be overTated-
The company in Ohio. which had been ordered
10 withdraw from the trust agreement, could
not afford TO permit Itself 10 he put, could
the gentlemen who managed II permit them
selves 10 be put, in the attitude Of defying the
law a heavy fine might have been imposed.
receiver might have been appointed. and the
vast business Of the organization lrTeparably in
iured. The three quo WarrantO cases then pend
ing and the fourth one threatened. already
stated and later begun, called for most drastic
action upon the part Of the Supreme Court If its
judgment should be adverse. II was asked in
was G proper prayer. that each OF the four de-
PENDANTS be adjudged to have forfeited and
rendered their corporate rights and franchises,
that they be dissolved, and that the court ap-
point trustees to wind UP their affairs and dis
tribute their property
MR FORAKER'S EMPLOYMENT
Il was upon realization Of these serious and
disastrous Conseq quences, well knowing your
ability as an attorney and the respect lawyers
and courts had for you throughout the state.
that ! sought your service. You entered at once
actively upon the employment. making your own
Investigations here III Ohio and in New York.
holding frequent consultations with myself and
other counsel Tor the company III Columbus
Cincinnati New York and Washington Your
judgment was sought not only as 10 what had
been done by the Standard Oil Company of
Ohio IN its effort 10 Withdraw from the trust bat
also as what form Of future organization of
the great interests Of this company and OF the
constituent companies should be taken that they