The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-18
APPEAL IS FILED
BY STANDARD OIL

81 LOUIS. Mo, Dec. l7.-AttorneyS
for the Standard Oil company of New
Jersey, its subsidiaries. and the seven
individuals against whom the govern.
Ecnt recently won it's dissolution suit.
tcoay filed an appeal from the adverse
Geciston OF the federal circuit court.
SlNtP-itNe instances, the assignments
ol error are that the evidence did NOT
show violation of the Sherman anti.
trust law
The findings in respect 10 competI.
ton between corporations occupying
contiguous territory. are asSailed: AS
are also conlusions of the court re-
Sarding the part that John d. Rookie.
Teller, John d, Archbold -and other in.
diNidUal defendants took in the forma-
ton and conduct oil the. various, com.
papies.
The order granting the appeal was
signed by Circuit Judges Hook and
Adams.
The assignments as set out are:
First-Therc was error in the de.
Mai of defendants motion TO set aside
the courts order permitting the SER
vice OF summons on nonresident de-
PENDANTS, and
Second-In overruling the plea to
the jurisdiction of the. court;
Corporations Not Competitive.
Third-In the decision that many OF
the nineteen corporations. a majority
of the stock of which was. in 1899,
owned by stockholders Of the Stand
ard OIL company of New Jersey, were
naturally competitive.
Fourth-ln finding that in ten years
prior to 1879. John D. Rockefeller
William Rockefeller. Henry H. Rog.
ers, Henry NJ Flager, John D. Arch
bold, oliver II. Payne and Charles NJ
Pratt had acquired control of any cor
porauon that had been In competi-
don; that they had placed majority
OF the stock of these corporations and
interests in property and business
thus obtained In various trustees
that they had thereby suppressed com.
petition. that from 1879 to 1892, they
prevented such corporations and 9th
ers from competing, by causing a ma.
jorlty of their stock TO be held la
trust for stockholders of the Standard
OIL company Of Ohio, that from 1892
TO 1899 they accomplished the same
result by the joint equitable owner
ship OF a majority oi the stock: that
in 1899 they caused a majority OF the
stock Of said nineteen corporations TO
he transferred to the Standard Oil
company of New Jersey in exchange
for its stock, so that the latter ac
Quired legal title and power TO FIX
rates of transportation. purchase and
selling price OF petroleum.
Fifth-In finding that the Standard
Oil company OF New Jersey has, since
1899, prevented competition because
for many years prior to 1899. the cor
porationS had been held IN the same
common ownership as component
parts of ono business and were not
competitive companies; nor were they
under any obligations to compete with
each other.
Deny Violation Of Act.
Sixth-In finding that. If the neces
sary effect of contract Is to restric,
free competition, 1t is violation of
the Sherman act.
Seventh-In finding that the eX
change OF stock Of competitive corpor
atoms. the effect of which is TO re
strict competition. constitutes a com
binatlon in restraint of commerce.
Eighth-In finding that the Stand
ard Oil company OF Ohio acquired 9th
er corporations by exchange of stock
If such finding be construed to mean
those methods of acquisition we're eX
elusive. because many were bought for
cash
Ninth-In finding that the method
of dissolution OF the so-called trust OF
1862 was adopted 10 deter many hold
erS Of trust certificates from suTTen
dering them and accepting shares OF
stock or TO enable individual defend
ants and their associates TO secure
control Of all companies.
Tenth-In finding that the supreme
court Of Ohio, in 1892, decided the
trust Of 1882 tended TO create mon
opoly.
Eleventh-In finding that when the
Standard Oil company of New Jersey
in 1899 acquired the stock of nine
teen companies. It succeeded to the
legal title 10 majority of the stock
if such finding means only majority
The fact being that 1t acquired all
shares of each OF the nineteen com
pdnleS, except the NoTnWeStern ono
Natural Gas company.
Separate Management.
9'welfth-ln finding that between
1899 and 1906. affairs of the so-called
subsidiary companies had been man
aged by the New Jersey company, as
the business OF a single person, tho
fact being that while there was CO
operation for economical and efficient
management, each company was sep
arately managed by these Officers and
directors.
Thirteenth-In finding that among
the companies controlled by the New
Jersey company there are six market
ing companies which had 1874 selling
stations.
Fourteenth-In finding that the
Standard Oil company of New Jersey
has acquired a commanding volume oil
the trade by means OF a trust.
Fifteenth-In finding that the seven
individual defendants combined TO
suppress competition.
Slxteenth-1n finding that the ex'
change of stock for interests In sim
gle corporation are Illegal,
Seventeenth-ln finding that corpor-
ations are legal entities distinct from