The San Francisco call., 1909-11-21

of the business of the purchasing, re-
fining. transporting and selling petro-
leum and las products in this country.
Many OF them were engaged in COM
merce in these articles among the sew
eral states and with foreign nations,
and were naturally competitive.
ABSORB MANY CORPORATIONS
During the 10 years prior to 1879 the
seven individual defendants had ac-
CURED control of many corporations,
partnerships and refneries that had
been competing in this business had
placed the majority of the stock of
those corporations and the interests in
proportion in business thus obtained
in various trustees to be held and
operated by them for the stock holders
of the Standard oil company of Ohio,
one Of the nineteen companies in which
the individual defendants were princi-
pal stock holders, and had thereby sup
pressed competition among these cor
porations and partnerships.
In 1879 they and their associates
caused all the trustees to convey their
interests in the stock. property and
trustees. to be held. operated and dis
tributed by them for the stock holders
of the Standard oil company of Ohio.
PREVENTED COMPETITION
From 1879 until 1892 they prevented
these corpora tfons and others engaged
In this business. OF which they secured
control, from competing in this COM
merce by causing the control of their
operations, ana, generally. OF a majority
of their stocks, to be held in trust for
the stock holders of the Standard com
pany of Ohio. and from 1892 until 1899
they accomplished the same result by
a similar stock holding device and by
the joint equitable ownership of the
majority of the stocks of the corpora
tion.
BIRTH OF THE OCTOPUS
In the year 1899 the seven individual
defendants and their associates caused
: .,-sa l.
porations to be transferred to the Stand
ard oil company of New Jersey in eX-
change for its stock. so that the latter
company thereby ACQUIRED the legal
title TO majority of the stock of each
of the 19 companies, the control of
these companies and of all the COM
panies which they controlled, and the
power TO fix the rates of transportation,
the purchase and selling price of pc
troleum and its products which all these
corporations should LAY and receive in
the conduct of their business in COM
merce among the states and with for
eign ma atoms.
Since that exchange of stock the
seven individual defendants have been
Standard company of New Jersey, which
has exercised and is still using that
power, and by its use IL has prevented
and is still preventing competition in
commerce among the states and with
foreign nations among the corporations.
Held-The transaction constituted a
Of, and TO monopolize. commerce among
the states and with foreign nations in
violation of sections ! and of the anti
trust act of July ?, 1890, and the gov
ernment is entitled TO an injunction
against the further continuance and
operation thereof.
EFFECT OF DECREE
The decree enjoins the seven indi-
vidual defendants, the Standard oil
company and its subsidiary corpora
tfons from maintaining or carrying
into effect tbs illegal combination they
have formed and from entering into
any like combination or conspiracy the
effect of which will be to restrain in
terstate commerce in petroleum or its
products, or to prolong the unlawful
monopoly of such commerce obtained
by the defendants as stated in the
decree. and they are forbidden from
engaging or continuing in interstate
commerce until they discontinue their
illegal combination.
The decree takes effect 80 days from
the date of it's filing unless suspended
by an appeal to the supreme court of
the United States.
REVIEWS HISTORY OF TRUST
The court inserts a history Of the
formation of the Standard oil company.
beginning in 1865, when John D.
Rockefeller owned a refinery in CIeve-
land. o.. and later absorbed by its
Successors in 1870 the Standard oil
company of Ohio. with capital of
$I,00ON0O.
The opinion then refers to the GUST
ing of the company from Ohio in 1882
and how on March 81, 1892, the trust
agreement was terminated and the
stock transferred to the Standard oil