The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-11-20

ST Paul, NOV. EO.-Ihe govern ment
wins It's suit against the Standard Oil
company The United States circuit
court today ordered the corporation
to be dissolved as being illegal
This case was heard In the United
States circuit court at st Louis in
April last by Circuit Judges Sanborn
OF St Paul: Van Deyenter OF Chey-
ennc; Hook of Leayenworth. and Ad-
ans Of St. Louis-
Judge Sanborn, the presiding judge.
wrote the opinion and the decree. in
which all the judges concur. and sent
them to Judge Adams at St Louis.
who filed them and entered the de.
cree in that city this morning.
The case was argued by Frank B.
Kellogg of St Paul and Charles b
Morrison of Chicago tfor the United
States and John G. Milburn Of Buf-
Moritz RoSenthal. Of Chicago. and
John G0 Johnson, OF Philadelphia. on
behalf OF the defendants.
It was brought TO enjoin John d,
Rockefeller. William Rockefeller. Hen
~ ". FleEler, Henry II. Rogers, John
D Archbold. Oliver Fl. Payne, Charles
NJ Pratt. the Standard OIL company
CT New Jersey and about seventy 9TH
er corporations from maintaining a
combination and conspiracy in re
straint of trade. TO monopolize inter
state and international commerce and
the decree grants the inJunctions
sought by tho government.
The case is one Of the most notable
in tho history OF the national govern
ment on account Of important indus
trial and legal questions and the vast
financial interests 1t involves. The ev.
idencc filled twenty-One volumes and
occupied more than ten thousand print
ed pages and the arguments OF coun.
sci more than 300 printed pages.
The Syllabus.
The nature OF the case and the char
acter of the decision appear from the
y llahuS of Judge SanbornS opinion
which reads
Congress has power. under thC
commercial clause OF the constitution
10 regulate and restrict the use, In
commerce. among the several states
and with foreign nations. Of contracts
OF the method OF holding tltle TO prop
erty and OF every other instrumental
ity employed In that commerce, so fal
as II may he necessary TO do so ir
order TO prevent the restraint there
of denounced by the antitrust act o
July 2, 1890. &c stat. 209.
TEST OF the legality OF a combina
tlon under this act Is It's necessary
effect upon competition in commerc,
among the states or with foreign ma
lions.
"ff its necessary effect is only incl
dontally or indirectly 10 restrict tina
competition. while It's chief result I:
10 foster the trade and increase thu
business of those who make and oper
ate II. II does not violate that law.
STILES Free Competition.
But IL its necessary effect Is 4
stlfle. or directly and substantial
10 restrict. free competition In com
merce among the states or with for
elgn nations, IL is illegal within tn
meaning Of that statute. The poYe
10 restrict competition In commerc
among the several states or with tor
eign nations. vested In person OF al
association OF persons by n combina
ton, is indicative OF the character o
the combination because 1t Is TO th
interest of the parties that such
power should be exercised and IN
presumption Is that 1t will be.
History OF the Case.
During the ten years prior I
1879. the seven individual defendant
he'd acquired control of many corpOI
stuns. partnerships and rehnerie
that Ind been competing in this bus
nees. had placed the majority OF IN
stock OF those corporations md tn
interests 10 proportion in buslnes
thus obtained in various trustees
9e held and operated by them Tor tn
stockholders OF the Standard Oil con
Dany OF Ohio. one OF the ninetee
companies I'm which the individual d.
fendants were principal stockholdor
and had thereby suppressed compel
zion among these corporations an
partnerships.
in 1879, they and their associate
caused all the trustees TO conFe
their interests In the stock. propeTt
aud business OF all these corporation
20 five trustees, to be held, operate
and distributed by them for tho stoc
holders OF the Standard company
Ohio.
From 1879 until 1892. tboy pr
rented these corporations and othe
Engaged In this business. OF whi'
lhey secured control. from compcuT
m this commerce. by causing N
control OF their operations and, 20
erally. OF n majority OF their stocli
10 be held in trust for tho stocknol
ers OF the STANDARD company OF OH
and from 1892 until 1899 they q
ccmpl,shed the samo result by Sil
iier s,ockholding device and by q
Iolnt equitable ownership OF the n
iority OF tho stocks OF the corpoI
ions
In The year 1899. the seven