The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1909-12-22
THE CIRCUIT COURT GRANTS
AN ORDER TO THE OIL TRUST.
GROUNDS FOR APPEAL.
ABOUT NINETEEN COMPANIES
Error in Finding That Competition
Was stifIcd Were Alleged in the
Petition ard So There VIII Be An.
other Trial.

ST. Louis, Dec. 2l.--Judge William |
&. Hook and Judge Elmer b. Adams |
of the United States circuit court Of !
appeals signed an order today grant
ing the Standard OIL Company's ap.
peal to the supreme court from the
recent federal iryes s'igation here. or
dering it to dissolve. The assign
men, of errors, which with the $50.
900 bond was filed this afternoon.
cites sixty.six mistakes in the lower
courts action.
The errors assigned are formal and
are 10 the general effect that the eyi.
dence did not show violation of the
Sherman antitrust act, under which
the order OF dissolution was issued.
Particular stress is laid upon the
method by which the subsidiary com.
panies are controlled and operated
and a majority OF the errors assign
ed present exceptions to the courts
findings on this point fro;. various
angles.
The principal error assigned is tha.
! the court erred in overrulins the plea
/ as to its jurisdiction. The court also
/ Us said 70 nave been In error in find
| ing that IN ten years prior to 1879
| the seven individual defendants
John d. Rockefeller. william Rocke
! feller, Henry II. Rogers, Henry NJ.
Flager, John ID. Archbold, Oliver II.
Payne and Charles NJ Pratt-acquir.
ed control of any corporation that
had been in competition: that they
placed n majority Of the stock OF
these corporations and interests in
property and business thus obtained
in various trustees: that from 1879 -
1892 they prevented such corpora
tons and others from competing by
causing majority of their stock &c
be- held in trust for stockholders OF
the Standard Oil company of Ohio;
that in 1899 they caused a majority
OF the stock of the nineteen corpora
tions 10 be transferred to the stand
ard OF New Jersey in exchange for
its stock, so that the latter acquired
legal title ard power TO fix rates OF
transportation. purchase and selling
price of petroleum.
The courts decision that many OF
the nineteen companies, a majority
OF the stock OF which was owned by
the 'ockholders OF the Standard oil
company of New Jersey in 1899,
were naturally competitive, also Is
held in error. The court also is held
TO have erred in finding that the
Standard of New Jersey has, since
1899, prevented competition, because
for many years prior to 1893 the cor.
poration has been owned and held in
the same common ownership as CON.
pOnCnt parts OF one entire business,
and We're rot competitive companies,
nor were they under any obligations
| To compete with one another Inc
court Interpretation of the Sher.
man act is attacked in the following
errors assigned:
That II erred in finding thi the
Sherman act creates different com.
petition from actual competition,
which it designa;es as natural compe-
tition; in finding that the so-called
national competition was prevented, ,
in finding that the sherman act ere.
ates different kind OF competition
from actual competition, which 1t des-
ignates as potential competition; in
holding that holding company, own
ing the stock OF companies which
otherwise would be competitive, Is a
form of trust prohibited by the Sher.
man act, and in holding that the
Standard Oil company of New Jer.
sey Is such company.