Lower coast gazette., 1909-11-27
DISSOLUTION OF
STANDARD OIL
S. COURT HOLDS OIL COM.
BlNE TO BE ILLEGAL.
nomentouS Decree Effective in
Thirty Days-Government
Wins on Every Point.

st. Paul, Minn.-In an opinion writ
ten by Judge Walter II. Sanborn of st
Paul, and concurred i'll by Judges Van
deventer, Hook and Adams, with a spe,
clal %concurring opinion by Judge Hook
the United States Circuit Court for the
Eastern district of Missouri SATURDAY.
handed down IN opinion declaring the
Standard Oil Company of New Jersey
an illegal combination, operating in re.
straint of trade, and ordering its disso.
luton. 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 vie.
tory, and, according to Frank B. Ke(.
loggg, who was the governments special
prosecuting officer, the government has
Won every point for which it contcndcd.
The case will be appealed direct to the
United States Supreme Court, as the
judges who signed the decree are in eff.
fect the Judges of the United States
Circuit Court Of Appeals, although they
were sitting for the purpose of trying
this case as the Circuit Court for the
Eastern district of Missouri.
Effective in Thirty Days.
The decree OF the court dissolying the
Standard Oil Company becomes cfrec-
tive in thirty days, when, no doubt, a
stay will be granted for the purpose Of
On appeal. When the decree takes ef.
1ect, unless a stay is granted, an in
junction will be issued restraining the
Standard Oil Company from a further
continuance of its business under its
present formation.
1t appears from the concurring opin.
ION, written by Judge Hook, that the
company cannot do business under Il
other form with the object of sitting
competition. For, says Judge Hook On
this subject, it is thought that with the
end OF the combination the monopoly
VIII naturally disappear. But, should
1t not Go so, and the members of the
combination retire from it, except one
who might perpetuate the monopoly by
Inc aggregation of the physical proper
les and instrumentalities, it would con.
a violation of the decree of Tho |
court.
In the trial of the case the point was
that the Standard Oil Company
a beneticent corporation, in that it,
" reason of economy in operation, re-
luced the price of its product. This,
Judge Hook says, can have no weight.
The Standard Oils legal talent was
ed by John G. Milburn of New York.
is defense was that the present organ
zation Of the Standard Oil corporation
vas the result of the natural growth
# a great industry and that no statute
ad been violated.
Most Notable Decision.
1t was brought to enjoin John D.
rockefeller, William Rockefeller, Henry
I. Flagler, Henry H. Rogers, John D.
Irchbold, Oliver H. Payne, Charles NJ.
raft, the Standard Oil Company of
lew Jersey and about seventy other
operations, from maintaining a cons
and conspiracy in restraint of
rade, to monopolize interstate and in
irrational commerce, and the decree
rants the injunction sought by the gov.
The case is one of the most notable
the history Of the nation, on account
t the important industrial and legal
lestions and the vast financial inter.
ITS it involves.
The decree e%njoins the seven individ-
defendants, the Standard Oil Com
my ana its subsidiary corporations,
continuing or carrying into effect
le illegal combination they have formed
from entering into any like combina-
on or conspiracy, the effect of which
ill be to restrain interstate commerce ,
petroleum or its products, or to pro-
ng the unlawful monopoly of such +
obtained by the defendants |
stated in the decree and they are ;
Ridden from engaging Or continuing t
interstate commerce until they dis. f
ntinue their illegal combination. =,
WANT TO SEE DECISION 7