The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1908-11-16

ohio's Senator For Advice - For
aker Says He 10 In the Field, but
viii Not Engage In Scramble to
Succeed Himself.
Cincinnati, O., Nov. Ex-senator
Joseph B. Foraker has issued a state
ment In which he makes public CORE
spondence regarding the character OF
his employment by the. Standard
Oil company and the services he rem
dered under such employment. The
correspondence was between Senator
Foraker and Virgil p. Kline of Cleve-
land, Of counsel for the Standard Oil
company, who Senator Foraker saws
personally enlisted the services of
the senator.
Mr.. Kline replies at length to the
request Of Mr.. Foraker concerning
the character of the latter's employ
ment by the Standard. He says that
in December, 1898, at the time Mr..
Foraker was employed, there was
pending against the Standard in the
Ohio supreme court very serious liti-
CATION. A proceeding in contempt
had been instituted by the attorney
general, charging that company with
having wilfully violated the order Of
the supreme court directing 1t to
withdraw from the trust agreement
The company had answered, issues
been made up. and considerable
volume OF testimony taken. There
was also pending, says Mr.. Kline, pro-
ceedings alleging violation Of the
antitrust laws of the state against
four constituent companies Of the oil
trust. Many millions of dollars of
property were involved in these pro-;
ceedings,' and much imperiled, In adt
dition to other litigation. threatened
Mr. Kline then says 1t was in the
midst OF these diflcult cases that,
with the approval of his client, he
turned to Senator Foraker for assist
ance and advice. He declares the
Standard had eendeavored IN good
faith to comply with the order of the
supreme court Trust certificate
holders, by q resolution passed at a
meeting held in New. York in March,
1892, determined not only that the
Standard Oil company of Ohio should
withdraw from so-called trust agree
ment, but that the trust itself should
be dissolved, and the trustees had en-
tered in good faith upon the policy of
q dissolution and winding up of the
entire trust. Mr.. Kline says difficulties
presented themselves, as the trust
certificates, Of par value of more
than $97, 000,0 900, were held every
where throughout the country, and
the effort to give the trust certificate
holdefs.a legal interest Ia the stock
Of the various companies that2had for
merly been in the trust, was one Of
great difficulty. Mr.. Kline continues:
The three quo warranto cases then
pending, and the fourth one threatened
and later begun, called for most drastic
action upon the part of the supreme
court If its Judgment should be adverse
It was asked in each of the four quo
warranto cases, and such was a proper
prayer, that each of the four defendants
be adjudged to have forfeited and sur
rendered their corporate rights and fran
chises. that they may be dissolved, and
that the court appoint trustees to wind
up their affairs and distribute their prop
erty.
IT was upon a realization Of these seri-
Gus and disastrous consequences, we'll
knowing your ability as an attorney, and
the respect lawyers and courts had for
you throughout the state, that I sought
your service. You entered at once ac-
lively upon the employment, making
your own investigations here in Ohio and
in New York, holding frequent consulta-
tons with myself end other counsel for
the company in Columbus, Cincinnati
New York and Washington. Your judg-
ment was sought. not only as to what
had been done by the Standard Oil COM
pany in it's effort to withdraw from the
trust but also as to what form of future
organization of the great interests Of this
company and of the constituent COM
panies. should be taken, that they might
not be open to any further attack.
For more than a year testimony was
taken at various places. full transcripts
Of that evidence furnished you, and sug-
gestions received from you as to the
lines upon which ii ought to be met. The
testimony having been closed, the con-
tempt case was finally submitted to the
supreme court, and, in December, 1900
an entry was made by the court finding
the defendant not guilty of contempt and
t1ismissing the proceedings. A little later
the four custer cases were also dismiss
ed, the dismissal Of the latter cases being
made by the court at the suggestion Of
the then attorney general. Judge Sheets
So far from the attitude of the COM
pany being one of q desire to evade the
law or the decree of the court, 1t had
faithfully endeavored to comply there
with, and, 20 far as the Valentine trust
law was concerned. we were not trying,
by subterfuge or indirection. to evade e.
You understood perfectly our desire and
|sco-operated with it. to put these large
properties on basis Of conformity to
the decree OF the court ard of the law,
that they might be safely and securely
held by their owners. Your efforts great
ly contributed to the success of the liti-
&c ton and the preservation of the prop
erty by fts owners. At the time of your
employment and when It ceased, as 1t
did, according to my recollection, some
where about the first Of January. 1901,
there was no intimation from any source
whatever OF criticism or attack on the
part Of the federal government. That
did not come for more than four years
afterwards. and so far as know. and
have been intimately in touch with the
liffeation and trouble of the company for
twenty years. and am still. nothing has
ever bean asked of or accepted by YOU