Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-11-20


ion written by Circuit Judge Sanborn,
of ST. Paul, filed in ST. Louis and st.
Paul today, the United States circuit
court for the district of Missouri held
the Standard Oil Company Of New Jer-
sey as an illegal corporation and order
ed that it be dissolved.
The case was heard in the United
States circuit court at st. Louis in
April, 1909, by Circuit Judges Sanborn
Of ST. Paul; Vandevanter, of Cheyenne;
Hook, of Leavenworth; and Adams, of
St Louis. Sanborn, the presiding
judge, wrote the opinion and decree, in
which all judges concur, and sent them
with the concurring opinion of Hook
to Adams at st. Louis, who filed them
and entered the decree in that city this
morning.
Includes Subsidiary Companies.
Suit was brought to enjoin John D.
Rockefeller, William Rockefeller, Henry
NJ. Flagler, Henry H. Rogers, John D.
Archibald, Oliver II. Payne, Charles NJ.
Pratt, the Standard Oil Company of
New Jersey and about seventy other
corporations from maintaining a COM
bination and conspiracy in restraint of
trade, to monopolize interstate and in
ternational commerce and the decree
grants the Injunction sought by the
&C. of
most notable In the history. Of the ma
ton, on account Of the important in
dustrial and legal qeustions and the
vast financial interests it involves.
Operated in Restraint Of Trade.
The opinion holds that congress has
power, under the commercial clause of
the constitution, to regulate and re-
strict the use in commerce among
states and with foreign nations, of con-
tracts, Of the method of holding title
to property, and of every other instru-
mentality employed in that commerce
so far as 1t may be necessary to do
so, in order to prevent restraint there
of denounced by the anti trust act Of
July 2, 189o.'
It is also declared that "Test OF the
legality of a combination under this
act is it's necessary effect. upon COM
petition in commerce among states, or
with foreign nations" The opinion con-
tinues:
Its necessary effect Is only Incl
dentally or indirectly to restrict that
competition while its chief result is to
foster the trade and increase the bus
mess OF those who make and operate
1t, 1t does not violate that law But If
it's necessary effect is to stifle or di-
rectly and substantially to restrict free
competition in commerce among states
or with foreign nations 1t Is illegal
within the meaning of that statute.
Vested With Too Much Power.
"Power to restrict competition in
commerce among states or with for
eign nations vested in person or an
association Of persons by combination
is indicative of the character Of the
combination because 1t is to the inter-
est of the parties that such power
should be exercised, and the presump-
ton is 1t will be.
"The combination in single cor
pcration or person by an exchange o
stock. Of power Of many stockholders
holding the same proportions respect.
lively Of majority of the stock of eacf
Of the several corporations engaged II
commerce in the same articles among
states, or with foreign nations, to re
strict competition therein, renders the
power thus created in the former great
er and more easily exercised, NOR,
durable and more effective than tha
previously held by the stockholders
and it is Illegal
Reviews Building Of Great Trust.
1.-THE various steps taken to organic,
the Standard OIL combination are re
viewed. Beginning with the control 0
nineteen competing oil companies. tn
Standard Oil gradually absorbed 9th
ers until that corporation had absolur
control Of the production and selling o
oil, limiting the production and die