Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-11-25
Decree by U. 8. Circuit Court a
Sweeping Victory for the
Government.
SUIT WON ON EVERY POINT
Case Will Be Appealed to the Su.
preme Court AS Judges Rem
dering Decision Form
Court Of Appeals.

written by Judge Walter IT, Sanborn OF
ST. Paul and concurred in by Judges
Nandcventer. Hook and Adams with a
special concurring opinion by Judge
Hook. the United States circuit court for
The eastern district Of Missouri handed
down a decision Yesterday declaring the
Standard Oil company OF New Jersey an
Illegal combination operating in restraint
Of trade and ordered its dissolution. The
opinion of the court was fixed stimuli
taneously In st. Louis and st. Paul.
In this direction the government of
the United States wins sweeping vic
tory and according to Frank Il. Kellogg
Of this city, who was the governments
special prosecuting officer, the govern
mont has won every point for which
!; contended.
The case will he appeaied direct to the
United States Supreme Court. inasmuch
ss the judges who signed the decree are
IN effect tho judges OF the United States
circuit court Of appeals, although they
were sitting to try this case as the cir
cult court for the eastern district of Mis-
sourl.
The decree Of the court dissolving the
Standard Oil trust becomes effective in
50 days when, no doubt, n stay will be
granted for an appeal
When the decree takes effect, unless
stay is granted. an injunction will is
SIC restraining the Standard Oil COM
rany from a further continuance Of its
business under its present formation
MUST NOT EvADE DECREE
It appears from the concurring opinion
9ritten by Judge Hook that the company
rannot do business under any other form
r,.ft =, 81, 49,:
lie says. on this subject, that it is thought
that with the end Of the combina ton the
monopoly will naturally disappear; but
should IT not do so. and the members Of
the combination should not retire from it,
except one who might perpetuate the
monopoly by the aggregation of the ply
sicial properties and Observation-Disclosures, it
would constitute violation OF the decree
Of the court
In the trial of the case the point was
, benefcent corporation in that. by rea-
eon of economy in operation II reduced
the price OF its product. This. Judge
Hook says, can have no weight.
The suit terminated by yesterdays deci-
sion was begun by direction OF the attor-
Iey-general Of the United States in ST
Souls November IL. 1906. Frank b. Kel-
logg IF ST. Paul was appointed special
PROSECUTOR, assisted by Charles b. Morri-
son Of Chicago. Frank II. Poole. and ].
H. Graves Of the department OF justice
and W. II. Higgins of Minneapolis and
Cardenio A. Severance OF st. Paul.
The Standard Oil company presented
formidable array OF legal talent led by
John G. Milburn Of New York. The de-
Tense was that the present organization
Of the Standard OIL corporation was the
result of natural growth of a great indus
try and no statute had been violated.
TEXT OF THE DECREE.
The text Of the decree follows:
After deliberation it is ordered, ad-
Judged and decreed:
Section THAT in and prior to the
year 1899 there We're 20 corporations res
pectively under the laws OF various
states engaged In commerce in petro-
leum and its products. either among the
States. or in the Territories or with
foreign nations, and these corporations
held majority of the stock and con-
trolled the business and operations of
many other corporations engaged in that
commerce; that one OF these corporate tons
was the Standard Oil company of New
Jersey. hereafter called the Standard Oh
company. which had n capital stock OF
elo,6GO.GOO; that since the year 1890 the
defendants named in this decree have
entered into and are carrying out a COM
bination or conspiracy in pursuance
whereof about the year 1890 they caused
the capital stock Of the Standard COM
pany to be increased to 800 90, co., caused
o majority of the stock OF the ~ COM
panies and The power to control them
and to manage their trade and the pow
er to control the corporations which they
controlled and to manage their trade to
he vested in and held by the Standard
company in exchange for it's stock.
which was issued to tie former holders
of the stock Of the 10 companies and
caused the STANDARD company ever since
20 control all these corporations, hereaf-
ter called the subsidiary corporations
and to MANAGE their trade without COM
petition among themselves as the trade
and business of single person: that
this combination or conspiracy il n COM
bnation or conspiracy in restraint OF
trade and commerce in petroleum and it.
products among the several States ir
the Territories and with foreign nations
such an act OF Congress approved
July Q. 1890. entitled AN net to protect
trade and commerce against unlawful
restraints and monopoies. declares Il
be illegal.
DEFENDANTS INVOLVED.
Section 2-That the defendants. Johr
y. Rockefeller, William Rockefeller
Henry II. Rogers. Henry NJ. Flagler, join
u. Archbold. Oliver H. Payne ant
Charles NJ. Pratt. hereafter called thu
seven individual defendants. united will
the Standard company and other defend
ants to form and effectuate this combna
ton and since It's formation have heel
and still are engaged in carrying II int
effect and continuing 1t; that the defend
ants. Anglo-American Oil company 0im
ited). Atlantic Refining company. Buck
eye Pipe Line company, Burne. scrymse
company, Chesbrough Manufacturing
company, Consolidated. Cumberland Pip
lime company. Colonial OIL company
Continental Oil company. Crexent Pip
Line company. Henry G. Foger, Jr.. an
Calvin N. Payne. a co-partnership DOM
business under the firm name and styi
OF Corslcana Refining company; Eurek
Pipe Line company. Galena Signal o.
company, Indiana Pipe Line company
Manhattan on company, National Transi
company, New York Transit company
Northern Pipe Line company, Ohio o.