The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-11-21

majority of their stocks to be held in
trust for the stockholders If the
Standard Oil company Of Ohio. ana
from 1882 To 1899 they accomplished
the same result of a similar stock
holding device and by the joint eauit-
able ownership Of the majority of the
/ stock Of the corporations.
I'm the year 1899 the seven individ-
ual defendants and their associates
caused the majority Of the stock of
the - companies to be transferred To
the Standard Oil company III New
/ Jersey, in exchange for its stock,
/ that the latter company thereby ac-
| quired the legal title to majority Of
the stock Of each of the ~ companies,
4 the control III these companies and
/ Of all the companies which they con-
trollad and the power to fix the rates
] IF transportation, the purchase and
selling price of petroleum and its
products, which all these corporations
should pay and receive In the con-
duct Of their business in commerce
u5iaIoJ ulIn pug sslels 7tn sunuR
nations.
''since that exchange ri stock the
seven individual defendants have been
/ and are stockholders and officers Of
/ the Standard oil company Of New
/ Jersey, which has exercised and il
/ still using that power, and by its use
has prevented and is stili preventing
/ competition in commerce among the
states and with foreign nations among
I the corporations held.
I THE transaction constituted a COM
/ bnation and conspiracy in restraint
/ of, and to monopolize, commerce
/ among the states and with foreign
/ nations in violation Of sections | and
/ of the antitrust act Of July 2, 1880,
l and the government is entitled To an
| injunction to the further continuance
/ and operation thereof"
/ The decree enjolns the seven indi-
1 vidual defendants, the Standard Oil
I company and its subsidiary corpora
i tions, from continuing or carrying
/ into effect the Illegal combination
/ they have formed and from enter
| Ing into any like combination or con-
| spiraey the effect of which will be to
restrain interstate commerce in petro-
leum. or its products. or to prolong
/ the unlawful monopoly of such COM
merce obtained by the defendants as
stated in the decree and they are
| forbidden from engaging or eontin-
ning i'm interstate commerce until
| they dissolve their illegal combina-
/ ton.
The decree takes effect 30 days from
the date of its filing unless suspended
/ by an appeal to the supreme court
| Judge Sanborn in his opinion says:
/ This il "A suit brought by the
United States to enjoin the Standard
| Oil company of New Jersey. a cor
| poration. about 20 subsidiary corpora
| tions and seven individual defendants,
| from continuing an illegal combina-
| tion in restraint of commerce among
the several states and i'm the District
I of Columbia. in the territories and
4 with foreign nations. in violation of
| the Sherman antitrust act of July :,
/ 1890.
/ THE provisions OF that act peril
nent To the issues in this case are:
| Provisions of Act Violated.
Section |. Every contract combi-
| nation in the form of trust or other
wise. or conspiracy in restraint of
| trade. or commerce. among the sew
eral states or with foreign nations,
/ IL hereby declared to be Illegal.
Section .. Every person who shall
mnnopolize or attempt to monopolize
or combine or conspire with any other
| person or persons to monopoliZe any
| part of trade or commerce among the
| several states or with foreign nations
| shall be deemed guilty of INSIDE
meanor,
! THE word person or persons
/ wherever used in this act shall be
/ deemed To include corporations and
/ associations.
| Repeated decision of the purpose
and meaning of this act have been
/ established by controlling beyond
doubt in this tribunal these pertinent
rules for its Interpretation and anpli-
! cation To the facts of the case. The
test of legality of n contract or COM
hination under this act is its direct
and necessary effect upon competi-
ton in interstate or international
commerce. Ii the necessary effect of
contract. combination or conspiracy
is To stifle. or directly and substan-
TALLY Ia restrict, free competition in
commerce among the states or with
foreign nations ii is Il contract, conf
hination or conspiracy in restraint
If that trade. and 1t violates this law.
The parties to il are presumed To in
tend the inevitable result of their
acts and neither their actual intent
nor the reasonableness of the restrain,
imposed may withdraw il from the
aennnciatian Of the statute
THE exchange of the stock or
shares in the ownership of COMPETE
tive corporations engaged in inter-
state or international commerce for
stock or share ownership of single
corporation. the necessary effect of
which is a direct and substantial re-
strietion of competition on that COM
merce constitutes combination in
restraint of commerce among the
states or with foreign nations that is
declared Illegal by the law.
THE business of the defendants is
the production and the purchase Of
petroleum, its storage, its transporta-
tion from the producing wells tn re-
fineries, the refining of this oil and