The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-06-02
DISSOLUTION SUIT
"UNDER AMUSEMENT"
Circuit Court Of Appeals Now
Guessing as to Merits Of
Governments Contention
- .gsEn



81. Louis, Mo, June 2.--rhe gov
ernmenta dissolution suit against the
Standard Oh company Of New Jer-
sey. seven Of lts officers and seventy
subsidiary concerns, which has been
taken under adylsemeni BY the uni-
ted States circuit court of appeals,
has been ln the courts since No
vemher i, 1906, wAen the complaint
was filed In the circuit court of the
United States for The eastern diyi.
sion OF the eastern judicial district
Of Missouri at st. Louis Il has
been heard by The four Judges OF
The eighth judicial circuit who have
sat en- hanc as the United States
circuit cont OF appeals, thA' allow
Ing a direct appeal from this deci
sion 10 the Supreme court OF the
United States. This was the circuit
Ia which the Northern Securities
case was heard, and Il was selected
for the Standard on case because o
ils location, and because many Of
The Governments witnesses were
residents Of adjoining states
Tho Governments allegations
which were filed by David r. Dyer
then United States district attorney
were based largely upon an investi
gatlon OF the oil business conducted
BY James 4, Garfield, commissioner
of The bureau of corporations, at the
behest OF President Roosevelt. This
Investigation consumed a year, and
because OK H. varloHs grand iuries
returned indictments containing
S.l98 counts. according TO Commits
sloner Gariicld's annual report OF
December ., 1908.
m petillonlng for the dissolution Of
the New Jersey corporation and It's
subsidiaries. the Government com
plained that the defendants had con.
splro@ ITO RESTRAIN the trade and
commerce ~ petroleum commonly
called crudo OIL IN refined oil aud
In Inc other products OF petroleum
among me several states and terri.
tories of me United States and the
District of Columbia, and with foroigt
nations, and % mOnopollzo the said
commerce"
Iohn ID Rockofcllef William
Rockefeller aud Henry NJ Flaglcr
wcrc named as the orlginaiUrs of the
alleged conspiracy The bin claimed
that between 1870 and 1882 Henry
q. Rogers, John D Archbold OLIVER
n. Payne and Charles nj. Pratt
iolned the conspiracy which culmi
mated With the organization Of the
New Jersey corporation IN 1899,
Three periods OF development are
alleged IA The corlalnt Tho first
that presiding 1889, was marked 81
n asscr,ed, by the activities ~ the
Individual defendants IN connection
with the Standard OH company Of
Ohio. Ii acquiring interests IN or
entering agreements with, various
competing firms, corporations and
individuals engaged IN the oil bust
ness.
From 1882 TO 1889 the complaint
rccited, The affairs Of the various
concerns and individuals were under
the management OF nine trustees by
"irusl agreement" alleged 10 be
In restraint Of trade and commerce
ana In violation OF law"
Since 1870 Il was alleged the de-.
PENDANTS have acted Through the
Standard on company OF New Jer
soy as a holding corporation. which
company acquired the majority Of
stock Ing yariQus corporations aud
managed them IN violation Oi law"
II was charged also that In their
alleged efforts 10 monopollze the oil
business, the defendants had solicited
and received rebates on shipments
not only OF iheIr own products. but
also on those Of competitors and
later acquired control Of various pipe
lines which were merged into the
National Transit company.
From the inception OF the case
Frank h. Kellogg. ST. Paul, and
Charles 3. Morrison Chicago, have
appeared on behalf OF the Govern.
ment rs special assistants to the
attorney eenwal Of the United States.
jcin G. Milhrn. New York. Moritz
aosonlhal Chicago and John q.
Johnson, Philadelphia. ~have headed
! the defendants long list OF attorneys.
The judges who have considered
the case are Walter Il. sanborn. ST.
Paul. Elmer 3 adams. ST. Louis:
Willis a Van Deyanter. Cheaenne.
WYE. William C. Hook. teavenworth,
Kas.
Service was had IN the defendants
IN necemher OF 1906. and the first
legal battle came in lhc following
month when the defense tried un.
successfully % have the service re-.
yokod on all concerned save the
Walcrplerc on company OF Mis-
souri,, because It was clalmed. n was
The only defendant resident ~ ihe
ludlcial district in vhlnh The suit was
filed. This contention was rvnr
ruled and the conipanys answpr ~
slxlvslx printed RACES wee filled
April o 1907 Thlrlsfeyfn rsren'
r.-'f ~ teseHe ssns.esa-1st