Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-11-20
M 6 Circuit Court Of Appeals
Declares it an Illegal
Corporation.
IT'S DISSOLUTION ORDERED
Government Brought Suit to En-
ioin il From Maintaining
Combination.
,,,, zen. Mickcrsham says It's One
a, Most Important Decisions Ever
rendered in This Country.

a Paul Noy. 20 THE government
rims rs suit against the standard oil
.pany. The United states circuit
,grt today ordered the corporation 10
. \. dissolved as being Illegal.
This case was heard In the United
staies circuit court at 81. Louis IN
Ayril last by Circuit Judge sanborn OF
81 PAM. Naudeyontor Of Cheyenne,
Rock Of Lcavenworth. and Adams OF
st. Louis
Judge sanborn, the presiding judge,
wrote the opinion and the decree in
Which an the judges concur, and sent
them 20 Judge Adams az ST. Louis,
II who filed them and entered the decree
in that city this morning.
The case was argued by Frank b.
Kelosg Of ST. Paul. and Charles b
Morrison OF Chicago, for the United
states. and John G.. Milburn OF Buffalo.
David T. Watson Of PittsbuTg. Moritz
Posenthal Of Chicago and John q.
Johnson " Philadelphia, on behalf Of
toe defendants.
ID was brought 10 enjoin John u.
Rockefeller. William Rockefeller, Henry
| NJ Fagler. Henry n. Rogers. John -
Archbold oliver h Payne Charles NJ
| Pratt. the Standard Oil company of
New Jersey and about 20 other cor
| porations from maintaining a combina-
ton and conspiracy in restraint OF
trade. 10 monopolize Interstate and in
| trmational commerce and the decree
grants the injunction sought By tho
government
The case is one 90 the most notable
in the history Of The national govern
mcnt on account OF important indus
tiisl and legal questions and the vast
/ financial interests IL involves. The
evidence filled q volumes and occupied
more than 10000 printed pages and the
alsumsnts Of counsel more than 800
printed pages.
POWERS OF CONGRESS.
The nature OF he case and the char
acit1 Of the decision appear from the
syllabus u Judge Sanborn's opinion,
mich reads.
tongfess has power under the COM
mcfcal clause Of the Constitution. To-
regulate and restrict the use Ia COM
MERE among The several states aud
WIN foreign nations Of contracts. OF
ne method OF holding title to property
ana Of every other instrumentalitv em-
N@ed IN that commerce so far as IL
may be necessary 10 do SO la order 10
prevent the restraint thereof denounc-
"a by me antitrust act OF July ., 1890,
Test OF the legality Of a combina-
tol under this act D. It's necessary ef-
iecl upon competition ian commerce
snong the states or with foreign
/ iat0ns
n MS necessary effect Is only Incl
.AAlN or indirectly to restrict that
ApNtion while IT'S chief result IS TO
.'aI me Trade ana Increase the busi-
sa OF those who make and operate
does not violate that law.
olt its necessary effect is TO stifle
areetly and substantially TO re-
sU@t iree competition In commerce
among the states or with foreign ma
u'.s Is Illegal within the meaning
Or that statute
me power 90 restrict competition In
yyaiinefce among the neveral states or
win foreign nations. vested in "a per-
Dl on an association of persons By
Vhphauon, ls indicative OF the char
W OF the combination because IL rs
y" interest ol the parties that such
Whef should De exercised and the
resumption Is that il viii be.
combination la single cor
llaloh on person. hy an exchange OF
800 OF the lower OF many stock
lsIs holding the stame proportions,
a u,ey' or the majority, of the
NV, each Of the several cor
"A hi spvhs engaged IA commerce In
y, AM articles among the states,
WIN foreign nations. TO restrict
,lioh lhcrein, renders the
~ thus vested in the former
st more easily exercised more
-of ana more effective than that
ana it Is Illegal
SlANpARD OIL COMBINE.
IN 1859 the stockholders az the
o,,ausslu ON company OF New Jersey
suea a majority OF the stock on IA
49, corporations la the same pro-
n 'nolA mat they owned the clock
"a VI. standard company and those
49,. pofauons controlled. bv tho
roes lp OF The majority OF their
bora,tivi Otherwise, many other cor-
,. zach Of these corporations was ON.
II M IN some PART of the business
perY,.n oeu,lng. buying. refining. trans
prod~ts, ana selling petroleum and H.
sbor, ana they were conducting
~ ~ cent of the production
eni y, ' ,tue OIL ana moro than 7s per
i rssni,, No business of the purchasing.
Dairoie,i '1H. porting ana selling 81
o1unir, anu Ha products iu this
c,nn many Of them were engaged i'm
.eter'i pm these articles among tie
nar' states aud with fnretrn No.
tn,,9-p were naturally competitive
tarer.t .Nt lN ftHrH prior h. 1879 thn
quIre5 l INV alal defendants had ac-
larinorsti, or many c0rporations
Teen eor,,l anu lrnnores that hal
placed tbl uns ln thle business. had
tlo.e ,., majority uf tine stock IA
Irotor'oi 'tlnns ana me lnterests hi
ianous IN y. Nialhtrf mus obtained in
ly ma, ~ i1 he held ANA opernt,d
Slandar5 ei in' alnekhQlders of tho
tle h e, w l9mpany of Ohio. one I'D
rdual des, .Nlfa in which the indl
HOLDER ~ 1nlh we're principal stock
o0mpstltierH haq thereby suppres. I'll
and psrtne,. among these corporations
,aused IA, IN they and their assoclat.s
|nters.te N, trustees 10 convey their
business IL ne 1tooh, property anI
lo tn,.t, aI These corDorations III
kirlbtts5 20 ne held. operated ana
b. of IN, Wy mem for the stookhoid.
prom ~ Nphfn company on Ohio
Aese Corr lnlll 1899 they prevented
This M, AtlQns nud others enaasei
|ortroi faa ~ which they seri,res
|ntfee H. % soinpetlng in this COM
|leratlons .Nt ihe control of THAR
''' generally, OF a major