Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-20

gained almost entire control of the
oil business in this country, so that
the states were parceled out in di-
visions of territory for the various
subsidiary concerns.
Tho suit was flied in the United
States circuit court for the eighth
judicial circuit in st. Louis, Novem-
ber Is. 1906, at the direction of the
attorneyrgeneral. The action was
one of equity brought under the pro-
visions of the Sherman antitrust
laws. The control through the Stand
ard Oil Company, of New Jersey, of
more than 100 corporations engaged
in the refining and marketing of oil
was characterized as a conspiracy in
restraint of trade.
The. government asked for a per-
manent injunction restraining the
holding company from continuing
control of its subsidiary corporations
and from reorganizing in such q
manner that the alleged conspiracy
be perpetuated
The governments complaint
against the alleged trust is printed
document of one hundred pages. II
recited in detail the steps taken and
feller and Henry M. Flagler and 9TH
ers then building up the big oil cor
poration.
AS early as 1870 Rockefeller and
Flagler, who were then engaged in
refining petroleum in Ohio, were al
legged to have entered into a conspir-
| acy to control the oil trade. They
pooled their business and organized
/ the Standard Oil Company of Ohio.
with capital stock of $1,000, 900,
divided into shares of $100 each at
that time.
Through their alleged ability to
secure preferential rates from rail-
roads and alleged unfair trade meth
ods they were enabled, according to
the government, to drive to the wall
and absorb most of the independent
companies. The trust as it exists to-
day was not organized according to
the complaint, until 1899, when the
Standard Oil Company, of New Jer-
sey was formed.
a stubborn fight against the gov
ernment charges was begun at once
by the Standard. The power of the
government to subpoena individuals
and corporations outside the st.
Louis district into the federal court
here and compel them to answer
charges was at first denied. The con
tention was argued at length, but
was overruled. and the service of the
process held legal.
TIL defendants then filed answers
| 70 the governments allegations, and
the case was set for trial.
To facilitate the hearing of the
case, Judge Franklin Ferris, of ST..
Louis, was appointed special examin-
er to hear the evidence. He was ap-
| pointed June 27, 1907, and completed
his work in February, 1909. Hear
ings We're held in most OF the princi-
pal cities of the United States, the
most noted being that in NewYork
where John d. Rockefeller, Henry
H. Rogers, John ID. Archibald and
other officers of the company Were
! called and were put through a gruel-
ling cross-examination by the gov.
ernment attorneys.
The evidence, when completed,
was printed and forwarded to st.
Louis, where it was filed with the
clerk of the court.
There are 21 volumes of evidence,
more tnan 100000 pages in all. In
duuAllOn tnciG are lOUU eAulDllS,
mostly contracts. The case was ar
gued, beginning April 5, before the
full circuit bench here. Judges
Walter II. Sanborn, Willis Vande-
vanter. William G. Hook and Elmer
b. Adams.
Frank b. Kellogg, of St. Paul, and
Charles B. Morrison, of Chicago, pre-
sented the argument for the govern
ment. They We're appointed special
assistants to the attorney-general
during the case.
Other attorneys representing the
government were Frank II. Pool and
J. II. Graves, of the department of
Justice, w. H. Higgins, of Minneap-
oils and G. A. Severance, of New
York
The attorneys for the Standard
were headed by Moritz Rosenthal or
Chicago. Others representing the
company in the final argument were
John G. Milburn, of New York; John
G. Johnson, of Philadelphia; II. G.
Folger, Frank l.. Crawford, Douglas
Campbell, George Jones and George
p. Alt, of New York; Chauncey w.
Martin, of Chicago, and d. T. Watson
and E. G. Irwin, of Pittsburg.
For two days Attorney Kellogg re-
viewed the facts alleged by the gov
ernment, and which he declared were
borne out by the evidence before the