Arizona republican., 1909-11-21
L0PPED OF ITS BRANCHES
Opinion Covers the Ground So Thoroughly that Every Precaution Seems to Have Been Taken Against Any Sort of Reorganization


 written by Judge Walter II. II. San born. of St Paul, and concurred in by Judges Vandeventer. Hook and Adams and with a special concurring opinion by Judge Hook. of the United States circuit court for the eastern district of Missouri, it was declared today tha- the Standard Oil company of New Jer- sey is an illegal combination operating in restraint of trade. and ordered it's dissolution. The opinion was filed simultaneously in St. Lous and in St. Paul
 In this decision the government of the United States wins a sweeping vic tory. and according to Frank B. Kel- logg. special prosecutor. the govern ment has won every point for which it contended. The decree filed by Judge Sanborn Is comprehensive and enjoins the Standard oil company. its direct ors. officers, agents. servants and em- ployes from voting any stock in any of the subsidiary companies and from exercising or attempting to exercise any control. direction. supervision or influence over the acts of these sub sidiary companies by virtue of it's holding their stock.
 The subsidiary companies. their of ficers. directors. agents. crvants and employees are enjoined from declaring or paying any dividends to the Stand ard company on account of any stock of these subsidiary companies held by the Standard company and from per mi f,lo 10 Ia fn sa stock in or to direct the policy of the subsidiary companies. or to exercise any control whatsoever over the cor porate acts of any of the subsidiary companies by virtue Of such stock. or by virtue of power over the subsidiary corporations acquired bv means of the illegal combination or by use of liqui dating certificates.
 But the defendants are not prohib- ited from distributing ratably to the shareholders of the principal company the shares to which they are equitably entitled in the stocks of the defend ant corporations that are parties to the combination. The defendants are enjoined from continuing or carrying into further effect the combination ad- judged illegal hereby and from enter ing into or performing any like com bination ar conspiracy. the effect of which is tc restrain commerce in petroleum: or to prolong the unlawful m6nopoly of it either by the use of liuidating. or by making any express or implied agreement of arrangement like that adiudged illegal. for the con trol or management of any of the cor porations ar the price or terms of pur- chase or for the sale of rates for transportation of petroleum or its pro- ducts. or relative to the quantities thereof purchased. sold. transported or managed by any corporations. which will have like effect in restraint of commerce.
 The case will be appealed direct to the United States supreme court. as the judges who signed today's decree are in effect the judges of the United States circuit court of appeals. all though they were sitting for the pur- pose of trying this case as a circuit court for the eastern district of Mis- souri.
 The decree of the court dissolving the Standard oil trust becomes effec- tive in thirty days. when, no doubt. a stay will be granted. an injunction will issue. restraining the Standard Oil company from a further continuance of it's dsiness under it's present for nation.
 It appears from the concurring opinion written by Judge Hook that the company cannot do business un- aer any other form with the object of stirling competition. for he says on this subject that it is thought that with the end of the combination. mo- nopoly will naturally disappear. but should it not do so. and the members of the combination retire from it, ex- cept one who might perpetuate the monopoly by an aggregation of the physical properties and instrumentali ties. 1t would constitute a violation of the decree of the court
 The suit was begun bv the direction of the federal attorney general in St Louis November Ia 1906. Frank B. Kellogg of St. Paul. was appointed special prosecutor. assisted by Charles B. Morrison. of Chicago. Frank H Poole and J. H. Graves. of the depart ment of justice. w. H. Higgins of Min neapolis and C. A. Severance. of St Paul
 The Standard Oil company present ed a formidable array of legal talent led by John c. Milburn. of New York. The defense was that the present or