Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-06-02
STANDARD ]!
LOSES OUT
and! APPEALS
District Court Decides Anti
Discrimination Law Con-
StitutiOndl
SeC'y B b il d and IN Attorney
General Win Out on
First Round
Case viii Probably Reach
]. S. Supreme Court
in End A.

So :. (: : : = = -.
= In district court today Judge =
I = Winchester held the state anti :
= discrimination law constitution =
= al and denied the writ Of GER I:
:. tionari sued for against Secre- =
:. tary Of State Blaisdell by the :
: Standard Oil company. The :
= company will appeal the case to &
:. the supreme court. q
. = = !. 4: I: Z: !: = /: =
In an action brought Monday in
district court before Judge Winches-
ter, Secretary Of State BlaisdelI was
sustained in the proceedings he had
instigated leading to an investigation
that might remove the Standard Oil
company from doing business In the
state on the ground that they had
Disseminated Ii their prices with
{ their customers over the state.
In a complaint filed by Attorney
General McCue with the secretary
of state as provided by the anti
trust law enacted by the last session
OF the legislature as introduced by
Senator Koffel it was alleged that
the Standard Oil company had dis
eliminated at competitive points and
upon the filing Of the complaint Sec
rotary Blaisdell served notice upon
the company that they should appear
at his Office yesterday and show cause
why they sholdr not have their u
( cense revoked and should refrain
from further doing business In North
Dakota.
In response the oil company
through their attorneys, Ball. Wat
son, Young & Hardy Of Fargo, serv-
ed an order upon Secretary Blaisdell
requiring him to appear in district
court Monday morning and show
cause why a writ Of certiorari should
4 not be issued requiring him to pro
duce all his records in court. They
also claimed In the order they serv
ed that they had reason to believe
that the secretary intended to re
move them from the state and there
y by deprive them Of their property
rights here. 5ss 81 5 81
L The oil company appeared In court
with considerable array OF talen,
u In the persons Of Attorney Watson
aof Fargo, General Manager Cren,
shaw Of Chicago. Chief Counsel Stew
art OF Chicago, =. Z. Carter, man
ager at Fargo. Attorney Genera
McCue and Assistant Attorney Gen
eral RI n, Stevens appeared witt
Secretary Blaisdell for the state.
Attorney Watson presented thu
3 case for the oil company and dwell
at some length upon the statement
that he held the present anti-trus
Ii law unconstitutional because it wa
contrary to constitution to vest ju
dicial power In an administrative
ofiieer.
Attorney General McCne held tina
the law was valid, and that the Of
company was too premature In ask
Ing for writ Of certiorari ct thi
time. That there was nothing TO
them to fear in having the secetar'
Of state investigate these charge
laid III the complaint and II the sec
rotary held that the company shoul'
have their charter revoked the com
pany would still have an opportunit
to apply for the writ: He held tina
the peoples rights were at stake 4
this matter and the state official
were only fairly protecting thes
rights as the law prescribed thei
course. III
Attorney Stewart held that con
stitutionality was the leading issu