The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-21

districts of the United States, in New
York Pennsylvania, West Virginia, Ten
nessee, Kentucky, Ohio, Indiana, Illinois,
Kansas, Oklahoma, Louisiana, Texas, Col
orado and California; in shipping and
transporting the oil through pipe lines
owned or controlled by these companies
from the various oil-producing districts
Into and through other states; IN rennlns
the petroleum and manufacturing into
various products; In shipping the petro-
leum and products thereof Into the states
and territories of the United States, the
District of Columbia and to foreign ma
lions and in shipping the petroleum ana
Its products in tank cars owned or con-
trolled by the subsidiary companies into
various states and territories OF the United
States and into the District Of Column
bia and in selling the petroleum and Its
products in various places in the states
and territories of the United States, In
the District Of Columbia and In foreign
countries and that the Standard company
controls the subsidiary companies and d.
reefs the management thereof so thar
none of the subsidiary companies COM
petes with any other Of these companies
or with the Standard company, but their
trade Is all managed as that of a single
person.
Illegal Combination.
SEQ. 5. That the stocks of the various
corporations which are named in section
and described In section Of this decree,
held by the Standard company, were ao-
CURED and are held by It by virtue of the
Illegal combinations that the Standard
company, it's directors, officers, agents,
servants and employees are enjoined and
prohibited from voting any of the stock in
any of the subsidiary companies named
In section . of this decree, and from exer-
cising or attempting to exercise any con-
troll. direction, supervision or influence
over the acts of those subsidiary COM
panies by virtue of its holding Of their
stock.
And these subsidiary companies, their
officers, directors, agents. servants and
employees are, and each of them Is, en-
Joined and prohibited from declaring or
paying any dividends to the Standard
company on account of any Of the stock
of these subsidiary companies held by the
Standard company, and from permitting
tho latter company to vote any stock in
or to direct the policy Of any of said COM
panies, or to exercise any control what
ever over the corporate acts of any Of
said companies by virtue of such stock.
or by virtue Of tho power over such SUBJ
stdiary corporation acquired by means Of
the illegal combination. But the defend
ants are not prohibited by this decree
from distributing rAtably to the share
holders of the principal company the
share to which they are equitably entitled
in the stocks Of tho defendant corpora
lions that are parties to the combina-
ton.
All Are Enjoined.
Sec. 6 That the defendants named in
section of this decree, their officers,
agents, directors, servants and employees
are enjoined and prohibited from contin-
uing or carrying into further execution
the combination adjudged illegal hereby
and from entering into or performing any
like combination or conspiracy, the eff
fort of which Is, or will be, to restrain
commerce in petroleum or its products
among the states, or in the territories, or
with foreign nations, or to prolong the
unlawful monopoly of such commerce OBJ
tained and possessed by defendants as be-
fore stated, in violation Of the act of
July Q, 1890, either O by the use of
liquidating certificates or other written
evidences of a stock interest in two or
more potentially competitive parties to the
illegal combination; by causing the con-
veyance Of the physical property and
business Of any said parties to a poten-
TALLY competitive party to this combina-
ton; by causing the conveyance OF the
property and business of two or more of
the potentially competitive parties to this
combination to any party thereto, by plac-
Ing the control of any of said corporations
in trustee, or group of trustees; by
causing it's stock or property to be held
bysthers than its equitable owners, or by
any similar device; or (2) by making any
express or implied agreement or arrange
ment together, or one with another, like
that adjudged illegal hereby, relative
to the control or management of any OF
said corporations, or the price or terms OF
purchase, or Of sale or the rates of
transportation Of petroleum or its pro-
ducts in interstate or international COM
merce, or relative to the quantities there
of purchased, sold, transported OF manu-
featured by any of said corporations
which will have a like effect In restraint
ritores and with nations foreign to that
Of the combination, the operations OF
which Is hereby enjoined.
Strong Prohibition.
Sec. T. The defendants named In section
of this decree are enjoined and prohib-
tied until the diseoptinuance of the opera
ton of the illegal combination from en-
gaglng or continuing in commerce among
the states, or In the territories OF the
United States.
Sec. 8. The United States shall recover
its costs herein, to be taxed by the clerk
of the court, and shall have execution
therefor.
SEQ. 9. This decree shall take effect 30
days after its entry in case no appeal
is taken from 1t. If an appeal Is taken
from this decree by the defendants, or by
any one OF them, and a bond in the
amount Of $4,000 conditioned to operate as
supersedeas, approved by one of the
circuit judges, is given within 80 days
after the entry of this decree, then this
DECREE unless reversed or modified. shall
take effect 80 days after the final dcision
of this case by the supreme court upon the
appeal.
Officials Say Nothing.
New York, November 2o.-M. F. Elliott.
general counsel of the Standard Oil COM