New-York tribune., 1909-11-21
IFrom III. Tribune P1rsau

Washington. Nov. 20-The qualification
felt at the Department of Justice and in
other official circles At the successful out
come OF the Standard Oil cases was
summed up I'm the following telegram re-
ceived by Wade ri. Ellis. assistant 10 the
Attorney General. this afternoon from
Frank =. Kellogg, the governments spe-
cial counsel in the case. Mr. Kellogg says:
Decision i'm ihe Standard oil case is a
complete victory for the government. The
court entered a decree which not only de-
clares holding corporation Illegal and en-
joins It's control over stocks and proper
ties Of subsidiary companies. but prohib-
its any Of the defendants from entering
into any like combination or consolidating
stock or prope rites In future, and enjoins
defendants from continuing or engaging in
interstate commerce amons states SO long
other words. the opinion and decree are
all the government asks.
In the absence Of Attorney General Wick
elsham no formal statement was ISSUED
by the Department Of Justice. Mr.. Ellis.
speaking for the department on the i'm
pCrtance and effect OF the courts decree.
said that II established the proposition
which the government has all along con-
tended for namely, that II combination
exists by reason Of the ownership OF other
companies by a corporation. trade is re-
strained and the Sherman antitrust law
IS violated. In the present case the stand
ard OIL Company was prosecuted because IL
owned and acquired the stock of subsidiary
companies and issued its own stock in place
of that of the minor companies. This, ac-
coTding TO the court. was absolute control
and ownership OF the minor companies and
a violation OF the law.
Mr.. Ellis said that the Standard Oil
Company would have sixty days in which
10 file an appeal. and the assumption is
here that a stay Of the decree will be
allowed. 70 that the attorneys can perfect
IL. This will in all probability bring the
case to Washington IN January and will
make il possible 10 have the Supreme
Court dispose OF II At the present term,
which ends the latter part of May. Oper-
atins under the oxpediting act again. il Is
expected that when tho appeal comes 10
the Supreme Court the government Will
move TO have Il advanced on the docket
for argument. In cases OF great impor-
tsnce the Supreme court has always
granted the governments applications for
advancement. and il is presumed that the
court will grant this motion and set the
case for argument within a reasonable
time
Mr.. Ellis tonight expressed confidence
that the government viii be sustained by
the Supreme Court
Assuming that the Supreme Court sus-
tains to-day's decision. Mr. Ellis said that
IN all probability the court would indicate
a method by which the decree may be
obeyed II was indicated that the govern
ment will not oppose the granting OF
reasonable time. u will insist. however,
upon a fairly expeditions compliance With
the decree of dissolution.
Mr. Ellis said that the decision will have
an important bearing on other trust eases
now being prosecuted by the government.
II will be used and relied on 20 = great
extent in the Tobacco Trust suit. the most
important case now pending ofilcials OF
the Department OF Justice feel that they
have substantial grounds for believing that
other trust SUITS VIII also be decided In
fayor OF the government.