The Miller press. [volume] (Miller, S.D.) 190?-current, 1909-11-25

the UnlteQ states circuit court ord
cred the corporation to be dissolved, it
being an illegal corporation. The de-
cision was filed in St. Paul and st.
Louis.
The case was heard in the United
States circuit court at st. Louis in
April. 1909, by Circuit Judges San
born of st. Paul, V~andevanter of
Cheyenne, Hook of Leavenworth, and
Adams of st. Louis.
Judge Sanborn of st. Paul, the pre-
siding Judge, wrote the opinion and
the decree, in which all the judges
concur, and sent them with a concur
ring opinion of Judge Hook to Judge
Adams at st. Louis, who filed them
and entered the decree in this city.
Argued by Frank 8. Kellogg.
The case was argued by Frank B.
Kellogg of st. Paul, and Charles B.
Morrison of Chicago, for the United
States, and John G. Milburn of Buff
alo, David r.. Watson of %Pittsburg,
Moritz Rosenthal of Chicago, and
John G. Johnson OF Philadelphia, on
- behalf of the defendants.
The action was brought to enjoin
John d. Rockefeller, William Rookie
teller, Henry NJ. Flagler, Henry H.
Rogers, John d. Archbold Oliver H.
Payne, Charles NJ. Pratt. the Standard
Oil Company of New Jersey and about
20 other corporations from maintain
Ing a combination and conspiracy in
restraint of trade, to monOpOlize in
terstate and international commerce
and the decree grants the injunction
sought by the government.
Opinion of Public Men.
Attorney General, Geo. W.. Wicker
sham-"It is one Of the most import
ant decisions ever rendered in this
country.
Il am very much gratifed at the de-
cisiOn, of course. But until | have
been able to see the full text, any
opinion l might express must natural
ly be of my personal nature.
A decision of dissolution against a
great corporation like that OF the
Standard Oil Company is the utmost
that could have been imposed by law
upon the great monopoly which has
been the object of the antitrust le8ls-
lation."
Congressman Fred c. Stevens.-'It
is one of the most remarkable legal
victories in the history of the coun-
try" says Congressman Fred G..
Stevens of st. Paul. 1T is remark
able not only in the enormous amount
1 of work that was necessarily placed
upon Mr.. Kellogg in the preparation
of the case, but for the ~far-reaching
results of the decision. The court
evidently considered in mind that it
would not meet with the same fate as
the decision of Judge Lands against
the Standard Oil Company in the ap-
pellate court.
Il know that Mr.. Kellogg prepared
this case with the utmost care SO that
if the decision should be favorable in
the lower court it would be sustained
on appeal
Gov. Eberhart.-"I am glad that the
government has won as | understand
it has. l hope that the text of the
decision will confirm all the encourag-
ing reports of the press in their sta,e-
ments of today"
SNAh NIA' VII Il liz w
.cision of the Circuit Court of Appeals
the next to the highest court in the
council, a court recognized by all
as exceptionally able in it's pendings,
will cause a great wave of satisfaction
to pass over the country"
Victory for Minnesotans.
1t is peculiarly gratifying to the peo-
v pie Of Minnesota that in this mighty
conflict of legal giants, a native born
son of the state was selected by presi-
dent Roosevelt and his cabinet to rep
resent the cause of the government
n contest the rights of the people.
Frank B. Kellogg's achievement in
this case places him in the very fore
front of American lawyers whose &C
complishments have been of substan-
tial benefit to mankind. 1t Is also
noteworthy that another Minnesotan,
Judge Walter II. Sanborn, wrote the
opinion in this famous case. 1t will
further be recalled that this distin-
guished jurist received his appoint
ment to his present position through
the influence of former United States
senator Cushman X. Davis. Mime
sofa may rightfully feel proud of the
part her illustrious sons have borne
in this gigantic contest to overthrow
the greatest octopus in the worlds
history.
Roosevelt Starts the Fight.
1t was three years ago hat Presi-
dent Roosevelt summoned the brilliant
Minnesota lawyer, Frank B. Kellogg,
before his cabinet and gained his con-
sent to conduct the assault in the
greatest legal battle ever contested in
BANDITS SENTENCED FOR LIFE.