The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1909-11-26

in other words, 1051.6 per cent. and
has surplus Of over $4,000, 900. The
Combination controls from IS to 81
per cent. Of the various branches of
the petroleum business in the United
States, and practically all of the lubri-
cating-oil business of railways. It has
directors in all the leading railways of
the country, and 1t is dominant force
in the country's financial institutions.
No Political Significance.
The Standard Oil victory is sup.
posed to make Mr.. Kellogg a candi-
date for the United States Senate.
When asked relative to this POSSIBLE
ity, he declined to be interviewed. II
have absolutely nothing to say about
that he said, Il am not prosecuting
the Standard Oil case for political ef-
feet, but as lawyer for the Govern
ment." .,
Judge sanborn's Opinion
The nature of the case and the char.
acter of the decision appear from the
syllabus of Judge Sanborn's opinion,
which reads as follows:
Congress has power under the COM
mercial clause of the constitution to
regulate and restrict the use of COM
merce among the several states and
with foreign nations of contracts, of
the method Of holding title to property
and of every other instrumentality en-
ployed in that commerce so far as it
may be necessary to do in order to
prevent the restraint thereof denounc-
ed by the antitrust act of July 2, 1890,
rs stat. 2O9.
"The test Of the legality of COM
bination under this act is its necessary
effect upon competition in commerce
among the states or with foreign ma.
lions.
IF 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 bust
ness Of those who make and operate it.
it does not violate that law.
But If its necessary. effect is to
stifle or directly and substantially to
restrict free competition in commerce
among the states or with foreign na
lions it Is illegal within the meaning
Of that statute.
The power to restrict. competition
in commerce among the several states
or with foreign nations vested in q
person or an association of persons by
a combination is indicative of the char
acter Of the combination, because 1t 1.
to the interests of parties that sucl
i; a power should be exercised and tn,
presumtion Is that It will be.
Many Firms Knit Together.
1.-THE combination in q single cor
poration or person by an exchange o
stock Of the power Of many stockhold
ers holding the ssame proportions re
spectively of the majority Of the stool
of each Of several corporations engaa
; ed in commerce in the same articl
among the states, or with foreign ne
lions, to restrict competition therein
renders the power thus vested in tn
former greater, more easily exercised
more durable and more effective tina,
that previously held by the stockholt
ers. and 1t is illegal.
I'm 1899 the stockholders Of til
Standard Oil Company of New Jerse
owned majority of the stock Of
other corporations In the same propo
lions that they owned the stock Of th
!. Standard Company and those 20 CO
porations controlled by the ownershi
Of the majority Of their stock. or othe
wise many other corporations. Fac
? of these corprations was engaged 4
' some part Of the business Of produ