The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-12-18
: OIL TRUST FILES
LENGTHY APPEAL
Decision of Dissolution Made by
Federal Circuit Court Is
Carried Up.
SIXTY-FIVE ERRORS
OF COURT ALLEGED
Boiled Down, They Signify That
Anti Trust Law Was Not
Violated.

st. LOUIS. Dec. 17-Attorneys for
the Standard Oil company Of New Jer-
scy. it's subsidiaries, and the seven iD-
dividuals against whom the government
recently won its dissolution suit, TO-
day filed an appeal from the adverse
decision of the federal circuit court.
Sixty-fivc instances in which the trial
court is alleged to have erred are cited
as reasons for appealing to the federal
supreme court
Gist of Errors Charged.
Collectively. the assignments of cr-
ror arc that the evidence did not show
law.
The findings in respect to competi
tion between corporations occupying
contiguous territory are assailed; as are
also conclusions OF the court regarding
the part that John d Rockefeller. II.
il. Rogers, John d. Archbold and other
individual defendants took IN the for
nation and conduct of the various com
panies. The order granting the appeal
was signed by Circuit Judges Hook and
Adams.
The assignments rs set ont are:
First-There was error IN the denial
OF defendants motion to SET aside the
court s order permitting the service
Df summons on nonresident defendants.
Second-In overruling the plea to the
jurisdiction Of the court
Third-Jn the decision that many of
tho nineteen corporations, majority Of
the stock OF which was, in 1899, owned
by stockholders of the Standard Oil
company Of New jersey, wero naturally
competitive
Rockefeller's Connection.
Fourth-In finding that in ten years
prior to 1879. John D Rockefeller, Viii
liam Rockefeller, Henry II. Rogers.
Henry NJ Elagler John d Archbold.
Oliver II, Payne and Charles NJ Pratt
had acquired control Of any corpora
tion that had been in competition; that
they had placed a ma aioritY of the stock
of these corporations and interests in
property and business thus obtained in
various trustees; that they had there
by suppressed competition: that from
1879 TO 1892 they prevented such cor
porations and others from competing,
by causing n majority of their stock
to be held in trust for stockholders Of
the Standard Oil company Of Ohio; that
from 1892 to 1899 they accomplished
the same result by the joint equitable
ownership of majority of the stock;
that III 1899 they caused n majority OF
the stock of SAID nineteen corporations
to be transferred to the STANDARD Oil
company of New Jersey in exchange
for its stock, so that the latter ac-
duired legal title and power TO fix
rates of Transportation, purchase and
selling price of petroleum
Denies Any Monopoly.
Fifth-In finding that the Standard
Oil company CT New Jersey has, since
1899. prevented competition. because,
for many years prior TO 1899, the
corporations had been held in the same
common ownership as component parts
of one business, and were not competi-
tive companies; nor were they under
any obligations to compete with each
other,
Sixth-In finding that, if the neces-
sary effect OF contract is To- restrict
free competition, it is violation Of
The Sherman act
Seventh-In finding that the cx
change of stock OF competitive corpor
ations, the effect OF which is TO re-
strict competition, constitutes a combi
uation in restraint of commerce
Eighth-In finding that the Stand
ard Oil company of Ohio acquired
other corporations by exchange of
stock, if such finding be construed TO
mean those methods of acquisition
were exclusive, because many were
bought for cash.
Ninth-ln finding that the method
Of dissolution of She so.called trust of
1882 were adopted to deter many
holders Of trust certificates from sur
rendering them and accepting shares
of stock, or to enable Individual de
PENDANTS and their associates 10 secure
control of all companies
Complains of Decision
Tenth-In finding that the supreme,
court of Ohio, in 1892, decided the
trust Of 1852 tended TO create a
monopoly. ...
Eleventh-In finding that when the
Standard Oil company Of New Jersey.
in 1899, acquired the stock of nineteen
companies it succeeded to the legal
title TO majority Of the stock. if
snch finding. means only a majority,
the fact being that il acquired all
shares of each Of the nineteen com
panics, except the Northwestern Ohio
Natural Gas company.
Tweifth-Iu finding that between
1899 and 1906 affairs of the so.called
Subsidiary companies had. been man.
agedby the New Jersey company as the
business OF a single person, The fact