The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-11-24
WILL DISSOLVE MONOPOLY.
FEDERAL CIRCUIT COURT DEALS
"OCTOPUS' SEVERE BLOW.
Combine Held to Be Illegal-GOvern-
ment Wins Sweeping Victory i'm
Decision Handed Down at st. Paul
Saturday.

St. Paul, Minn., Nov. 20.-In an
opinion written by Judge Walter H.
Sanborn, Of st. Paul. and concurred
IN by Judges Vandeventer, Hook and
ADAMS, with special concurring
opinion by Judge Hook, the United
States Circuit Court for the Eastern
district of Missouri today handed
down an opinion declaring the STAN
dard OIL Company of New Jersey an
illegal combination. operating In re-
straint of trade and ordered it's dis
solution.
The opinion of the court was filed
simultaneously in st. Louis and in st.
Paul.
In this decision the government Of
the United States wins a sweeping
victory, and according to Frank B.
kellogg. of this city. who was the
governments special prosecuting Of
ficer. the government has won every
point for which it contended.
The case will be appealed direct 10
the United States Supreme Court, as
the Judges who signed today's 10
cree, are in effect the Judges Of the
United States Circuit Court Of APP
peals, although they were sitting for
the purpose Of irving this case at the
Circuit Court for the Eastern district
of Missouri.
The decree of the court dissolving
the Standard Oil Trust becomes ef-
fective in thirty days, when no doubt
stay will be granted for the pur..
pose Of an appeal.
When the decree takes effect un-
less a stay is granted, an Injunction
Will Issue restraining the Standard
Oil Company from a further contin-
uance Of its business under it's pres
ent formation.
1t appears from the .concurring
'opinion written by tJudEs1x8ook that
the company cannot do business un-
der any form without stirling compe-
tition, for, ne says on this subject
that 1t is thought that with the end
of the combination the monopoly will
naturally disappear. but should It not
do so. and the members Of the COM
bination retire from it except one
who might perpetuate the monopoly
by the aggregation of the physical
properties and instrumentalities ut
would constitute a violation of the
decree of the court.
In the trial Of the case the point
was made that the Standard Oil Com
pany was q beneicent corporation in
that, by reason of economy in oper-
alton, it reduced the price of it's pro-
duct. This. Judge Hook says, can
have no weight.
The Standard Oil Company pres
ented a formidable array Of legal tall
ent' led by John G. Milburn, of New
York. Their defence was that the
present organization Of the Standard
OIL Corporation was the result of the
natural growth of a great industry
and that no statute had been violat-
ed.
The governments dissolution suit
against the Standard Oil Company of
New Jersey. seven of its officers and
seventy subsidiary concerns, has been
In the courts sence November Is.
1906 when the complaint was filed
In the Circuit Court of the United
states for the Eastern division of the
Eastern judicial district of Missouri
at st. Louis. 1t has been heard by
four judges Of the Sth judicial cir
cult, who have set en- banc as the
United States Circuit Court of Ap-
peals. thus allowing a direct appeal
from this decision to the Supreme
Court Of the United States. This was
tho circuit In which the Northern Sc
curities case was heard, and it was
selected for the Standard Oil case be-
cause of Its location. and because
many of the governments witnesses
were residents of adjoining States.
The governments allegations. which
were filed by David p. Dyer. then
United States District Attorney, were
based largely upon an investigation
OF the oil business conducted by
James r. Garfield, commissioner of
the bureau Of corporations, at the be-
nest OF president Roosevelt. This in
vestigation consumed a year, and be-
cause of 1t various grand juries re-
turned indictments containing S,193
counts accordingss Commissioner