Ottumwa tri-weekly courier., 1909-11-23

and restrict the use in commerce
among the states and with foreign ma
tions of contracts, of the method Of
holding title to property, and of every
other instrumentality employed in
that commerce so far as it may be nee
essary to do so in order to prevent re-
straint thereof denounced by the
antitrust act of July 2, 1892
1t also declares that the "test of
the legality Of a combination under
this act is its necessary effect upon
competition in commerce among states
or with foreign nations"
Effects of Combination Touched on
The opinion continues:
Its necessary effect is only Incl
dentally or indirectly to restrict that
competition, while its chief result is
to favor the trade and increase the
business Of those who make and oper-
ate it, if it does not violate that law
But if its necessary effect is to
stifie or directly and substantially to
restrict free competition in COM
merce among the states or with for
eign nations, it Is illegal within the
meaning of that statute.
"The power to restrict competition
in commerce among the states or with
foreign nations vested in person or
an association of persons by combina-
| ton is indicative of the character of
the combination because it is to the
interest of the parties that such power
! should be exercised; and the presump-
tion is that it will be combination in
a single corporation or person by an
exchange of stock, or of power OF
many stockholders holding the same
proportions respectively of the ma
jority of the stock of each of the sew
eral corporations engaged in COM
merce in the same articles among the
states or with foreign nations; to re-
strict competition therein, renders the
| power thus vested in the former the
greater, more easily exercised, more
durable and more effective than that
previously held by stockholders and it's
illegal"
The various steps taken to organize
the Standard Oil combination are re-
viewed, beginning with the control of
nineteen competing oil companies.
Standard Oil gradually absorbed the
others until that corporation had abso-
ing of oil, limiting the production and
debating prices.
Must Break Up Combination.
The decree enjoins the individual de-
PENDANTS, the Standard Oil Co., and
subsidiary corporations from continu-
ing or carrying into effect the Illegal
combination they have formed and
from entering into any like combina-
tion or conspiracy, the effect of which
would be to restrict the interstate
commerce in petroleum or its product
or to prolong the unlawful monopoly OF
such commerce obtained by the de
PENDANTS as stated in the decree, and
they are forbidden from engaging or
; continuing in interstate commerce un
til they discontinue their Illegal com
bination.
Thirty-three are Excepted.
st. Louis, Nov. 20.-In addition tc
the opuinion written by Judge San
born in the Standard Oil case, con
curing opinion was filed by Judge
Hook, who agrees with the Other
: judges in all they say and in addition
expresses some further views on the
subject of monopoly.
i Thirty-three of the seventy odd sub
} sidiary corporations of the STANDARD
: Oil are excepted from the order of dis
; solution and the bill Is dismissed a!
against them.
MiIitiaman Dies at Mercy Hospital
Creston Nov. 22.-Bert Roe of Cres
ton, formerly of Des Moines, an,
J prominent in Iowa militia circles, diet
l at Mercy hospital of typhoid feve
: after three weeks illness.