The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-11-23
ORDER DISSOLUTION OF
bIANDARD OIL COMPANY
kDERAL CIRCUIT JUDGES IS.
SUE DECREE.
2are Concern Illegal Combine
|ase Will Be Taken to Highest
Tribunal.

Tribunal
Paul. Mimi, Nov. 20.-ln an
on written by Judge Waiter L.
prn Of St. Paul and coneurred III
adges Vandeventer Hook and
1s, with a special eoncurrlns
R6ion by Judge Hook, the United
States circuit court for the eastern
district of Missouri to-day handed
down an opinion declaring the Stand
ard Oil company of New Jersey an IL
LEGAL combination operating IN re-
straint of trade and ordering It's dis
solution 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 sweeping
victory and according to Frank u
Kellogg OF this city, VINO Was the
government special prosecuting o1n-
CSI, luc Wv -1oS
point for which it contended.
The case will be appealed direct:
to the United States supreme court;
as the Judges who signed to-day's de-
cree are in effect the judges OF the
United States circuit court Of appeals,
although they were sitting for the
purpose of trying this case as the cir
cult court for the eastern district OF
Missouri.
Effective in 80 Days.
The decree Of the court dlssolvlng
the Standard Oil trust becomes ef-
fective in 80 days, when no doubt a
stay will be granted for the purpose
Of an appeal.
When the decree takes effect, un-
less a stay is granted, an injunction
. will issue restraining the Standard
Oil company from further eont1n-
nation Of it's business under its pres
ent formation.
It appears from the concurrlng
opinion written by Judge Hook that
+ the company can not do business un-
der any form while sitting competl-
ton, for, he says on this subject 1t IS
thought that with the end Of the COM
bination the monopoly will naturally
disanpear. but should it not do so,
and the members Of the combination
retire from it except one who might
perpetuate the monopoly by the ag-
gregation of the properties and IN
strumentalities, it would constitute a
violation Of the decree Of the court.
... Standards Plea Useless.
In the trial Of the case The point
was made that the Standard Oil COM
oanv was benefcent corporation, IN
that it, by reason Of economy IN op-
era ion, it reduced the price OF It's
product. This Judge Hook says, can
have no weight.
The suit terminated by to-day's de-
cision was begun by direction OF the
attorney general Of the United States
in St. Louis November 10, 1916.
Frank B. Kellogg Of St. Paul was ap-
pointed special prosecutor, assisted
by Charles B. Morrison Of Chicago,
Frank II. Poole and J. H. GRAVES OF
the department of justice, and ". H.
Higgins Of Minneapolis and Ccrdenio
A. Severance Of st. Paul.
The Standard Oil company present.
ed a formidable array Of legal talent,
led by John G. Milbnrn Of New York.
Their defense was that the present
Organization Of the Standard Oh
CORPORATION was the result Of the
natural growth of a great industry
and that no statute had been violated.
Standard VIII Appeal.
New York, Nov. 20.-It was au-
thoritatively announced by officials
of the Standard Oil company that an
appeal would be taken from the de-
eision Of the United States circuit
court, fled today at St. Paul and st.
Louis, as that had been the general
understanding between counsel on
both sides in the suit.