The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-21
United States Wins Sweep
Victory on Every Point
Fought For
DISSOLUTION OF COMPAN
IS ORDtR0 BY COU
Decree Becomes Effect~e In Thir
Days, When Stay Win probahlv
Be Granted AS Case VIM Go
to Supreme Court.

st. Paul. November 20-In an OBI
written by Judge Walter II. sanbori
ST. Paul and concurred in by JN
Vandeventer, Hook and Adams. wit
special concurring opinion by Judge HI
the United States circuit court for
Eastern district of Missouri, today he 81,
ed down an opinion declaring the sta
ard OIL company of New Jersey an
legal combination. Operating in restr,
of trade and ordering its dissolution.
opinion OF the court was filed sirnules
uosly In St Louis and In st. Paul
In this decision the government of
United States wins a sweeping vict,
and according to Frank b. Kellogg of
city, who was the governments spe
prosecuting officer. the government
won every point for which 1t contende
The case will be appealed direct to
United States supreme court, as
judges who signed today's decree are
effect the judges of the United States
CURT court of appeals, although I'll
were sitting for the purpose of trying I
case, as the circuit court for the East
district of Missouri.
The decree of the court dissolving
Standard OIL company becomes effect
In 80 days, when, no doubt, stay v
be granted for the purpose of an 4
peal. When the decree takes effect. I
less a stay is granted. an injunction v
be Issued restraining the Standard I
company from a further continuance
business under its present formation.
End OF Monopoly
IT appears from the concurrlns OBI
ion written by Judge Hook that t
company cannot do business under a
other form with the object of stihi
competition. For, says Judge Hook
this subject, 1t Is thought that with I
end of the combinat tion, the monopoly W
naturally disappear. But should it III
do SO and the members OF the eombin
tion retire from IT. except one who mig
perpetuate the monopoly by the aggreg
tion of the physical properties and instr
mentalities, it would constitute viol
ton of the decree of the court.
In the trial of the case the point vi
made that the Standard OH company WI
beneficient corporation, in that 1t,
reason of economy in operation. reduc,
the price of its product. This. judi
Hook says. should have no weight.
The suit terminated by todays decisis
was begun by direction of the Attorn,
General Of the United States In st. I.oul
November 10. 1906 Frank b. kellogg
st. Paul was special prosecutor, assist.
by Charles B. Morrison of Chica 20. Fra
II. Poole and J. H. Graves. of the d
partment of Justice: w. II. Higgins
Minneapolis, and Cordenio A. tSeyeran
of st. Paul.
The Standard OIs legal talent was i
by John G. Milburn of New York. ]
defense was that the present organizati,
of the Standard Oil corporation was Il
result of natural growth OF . great /
dustry and that no statue had been vi
lated.
Decree of Court.
After decision it is ordered and a
judged as follows:
Section l. That in and prior to the ye.
1899 there were 20 corporations res2tf
lively under the laws II various stat
engaged in commerce in petroieum
its products, either among he states
in the territories, or with foreign I
tions. and these corporations leld n
jority of the stock and controlled
business and operstions of many otl
corporations ensased In that comincrc'
that one of these corporations was Il
Standard Oil company of New Jerse
thereafter osiled the Standard conpan
which has capital stock OF $4,000. 90
that since the year 1890 the defendan
named in section numbsr of this d.
cree have entered into and are carr,
ing out a combination Or conspiracy
pursuance whereof about the year Is
they caused the capital stock of the Stai
dard company to be increased - 1906
100000, caused a majority Of the stoc
of the 10 companies and the power
control them and to manage their trad
to be vested In and held by the Standai
company in exchange for its stock whic
was issued to the former holders OF II
stock of the 10 companies and cause
the Standard company ever since TO COZ
troll all these corporations, heresft,
ehlled the subsidiary corporations and
manage their trade without compatitio
among themselves, and the trade ar
DQSintSS VI SltlSlt ptISOlSr tildt liliH COif
mission or conspiracy Is q oonioinatil
or conspiracy in restraint of trade sr
commerce in petroleum and its produc
among the several states, in the terr
tories and with foreign nation such 4
an act OF Congress approvd July
1896, 26 Stat. 209, c. p. At (U. n Comp
Stat 1901. page 3. 200. entitled\ an a,
to protect trade and commerc9 againl
unlawful restraints and monopoN g. d,
clares to be Illegal.
Names of Defendants.
Sec q That the defendants u n
Rockefeller, William Rockefeller, \fenr
H. Rogers. Henry NJ. Flagler. John /
Archbold, Oliver II. Payne and Charl,
Moffatt, hereafter called the seven Il
dividual defendants, united with the Stai
dard OIL company and other defendan
to form and effectuate this combinatic
and since Its formation have been al
are still engaged In carrying It into 9
feet and continuing it; that tho defens
ants. Anglo American Oil company Qin
ited). Atlantic, Refining company. Bucl
eye Pipe Line company, Borne, Soryms'
Co, cheeseborough Manufacturing con
pany, consolidated: Cumberland Pipe Lar
(CONT1NUED ON PA0u ~