The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1909-06-11

toH, u. u, or TO tne secretary OF tine
board of examiners at any place
mentioned above. for application
form 3O4.
STANDARD OIL CASE.
History of the Government Suit to
Dissolve the Standard Oil Conn
pany of New Jersey.
St. Louis, June 2.-The govern
ment's dissolution suit against the
Standard Oil Company of New Jer-
sey, seven of it's officers and seventy
subsidiary concerns. has been in, the
courts since November is, 1906,
when the complaint was filed in the
circuit court of the United States for
the eastern division of the eastern
judicial district of Missouri at st.
Louis. 1t has been heard by the
four judges of the eighth judicial
circuit who have sat en- banc as the
United States circuit court of APP
peals, thus allowing a direct appeal
from this decision to the supreme
court of the United States. This was
the circuit in which the Northern
Securities case was heard, and it was
selected for the Standard Oil case
because of its location and because
many of the governments witnesses
were residents Of adjoining states.
The governments allegations
which were filed ny David P. Dyer,
then United States district attorney
were based largely upon an investi-
cation of the oil business conducted
by James r.. Garfield, commissioner
Of the bureau of corporations, at the
behest of President Roosevelt. This
Investigation consumed year, and
because of it, various grand juries
returned indictments containing 81
1913 counts, according to Commission
er Garfield's annual report of De-
cember 9, 1906.
In petitioning for the dissolution
of the New Jersey corporation and
its subsidiaries, the government COM
blamed that the defendants had con-
spired to restrain the trade and
commerce in petroleum, commonly
called "crude oil,'' in refined oil and
other products of petroleum. among
the several states and territories of
the United States and the District
of Columbia. and with foreign ma
lions, and to monopolize the said
commerce"
John D. Rockefeller, William
Rockefeller and Henry M. Flagler
were named as the originators of
the alleged conspiracy. The bill
claimed that between 1870 and 1882
Henry, H. Rogers, John D. Archbold,
Oliver H. Payne, and Charles NJ.
Pratt Joined the conspiracy which
eliminated with the organization of
the New Jersey corporation in 1899.
Three periods of development are
alleged in the complaint. The first,
that preceding 1882. was marked, it
is asserted, by the activities Of. the
defendants in connection
with the Standard Oil Company of
Ohio, in acquiring interest in or en-
tering agreements with, various COM
-peting firms, corporations and indi-
viduals engaged in the oil business.
From 1882 to 1899 the complaint
recited, the affairs of the various con-
Germs and, individuals were under
the management of nine trustees by
"trust agreement" alleged to be
Sin restraint of trade and commerce
and in violation of law"
1t was charged also that in their
alleged efforts to monopolize the
oil business, the defendants had So
licited and received rebates on ship
ments not only of their own products
but also on those of competitors and
later acquired control of various
pipe lines which were merged into
the National Transit Company.
From the inception of the case,
Frank B. Kellogg, st. Paul. and.
Charles B. Morrison, Chicago, have
appeared on behalf of the govern
ment as special assistants to the at
torney general of the United States.
John G. Milburn, New York; Noritz
Rosenthal, Chicago, and John G..
Johnson, Philadelphia, have headed
the defendants long list OF attorneys.
The judges who have considered
the case are: Walter H. Sanborn, St.
Paul; Elmer B. Adams, St. Louis;
Willis A. Van Devanter, Cheyenne.
Wyoming; and William G. Hook, of
Leavenworth, Kansas.
Service had been had on the de-
PENDANTS in December of 1906, and
the first legal battle came in the fol-
lowing month when the defense tried
to have the service re-
voked on all concerned save the
Waters-Pierce Oil Company Of Mis-
souri,, because, It was claimed, 1t was
the only defendant resident In the ju-
dicial district in which the suit was
filed. This contention was overruled
and the company's answer of sixty
six printed pages was filed April g.
1907. Thirty-seven exceptions to
the governments petition were In.
:luded in this document. Arguments
IN these took place at st. Paul May
"a, 1907. The four Judges overruled
all the exceptions, and July Is, 1907
an additional answer was filed cover
ing the points to which the defens,
had at first declined to plead.
The answers admitted certain con
tentions regarding stock ownership
and organization and that the sever
individual defendants were member