The Tupelo journal., 1909-11-26
DISSOLUTION OF
STANDARD OIL
u. s. COURT HOLDS OIL COM
BINE TO BE ILLEGAL.
nomentous Decree Effective In
thirty Days-0overnment
Wins on Every Point.

~
ten by Judge Walter ii. Sanborn of st.
Paul, and concurred in by Judges Van
deventer, Hook and Adams, with a spe-
cial concurring opinion by Judge Hook,
the United States Circuit Court for the
Eastern district of Missouri Saturday
handed down an opinion declaring the
Standard Oil Company of New Jersey
an illegal combination, operating in re-
%straint of trade, and ordering it's disso-
luton. The opinion of the court was
filed simultaneously in st. Louis 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, who was the governments special
prosecuting officer, the government has
won every point for which it contended.
The case will be appealed direct to the
United States Supreme Court, as the
judges who signed the decree are in eff
feet the Judges of the United States
Circuit Court of Appeals, although they
were sitting for the purpose of trying
this case as the Circuit Court for the
Eastern district of Missouri.
Effective in Thirty Days.
The decree OF the court dissolving the
Standard Oil Company becomes effec-
tive in thirty days, when, no doubt, a
stay will be granted for the purpose of
an appeal. When the decree takes eff
fon@ ,,,1oee n efo,r 10 r,o,toI on IN
junction will be issued restraining the
Standard Oil Company from a further
continuance of it's business under its
present formation.
1t appears from the %eoncurring opin-
ion, written by Judge Hook, that the
company cannot do business under any
other form with the object of sitting
competition. For, says Judge Hook on
this subject, it is thought that with the
end of the combination the monopoly
will naturally disappear. But, should
it not do so, and the members of the
combination retire from it, except one
who might perpetuate the monopoly by
the aggregation of the physical proper
lies anu luStl uLilClkUdISiSs. IL Noulu Soh
stitute a violation of the decree of the
court.
In the trial of the case the point was
made hat the Standard Oil Company
was a beneficent corporation, in that it,
by reason of economy i'll operation, re-
duced the price of its product. This,
Judge Hook says, can have no weight.
The Standard Oils legal talent was
led by John G. Milburn of New York.
It's defense was that the present organ
ization of the Standard Oil corporation
was the result of the natural growth
of a great industry and that no statute
had been violated.
Most Notable Decision.
1t was brought to enjoin John d.
Rockefeller, William Rockefeller, Henry
M. Fiagler, Henry H. Rogers, John ID.
Archbold, Oliver H. Payne, Charles M.
Pratt, tine Standard Oil Company of
New Jersey and about seventy other
corporations, from maintaining a com
bination and conspiracy in restraint of
trade, to %monopolize interstate and in
ternational commerce, and the decree
grants the injunction sought by the gov
eminent.
The case is one of the most notable
in the history of the nation, on account
of the important industrial and legal
questions and the vast financial inter
ests it involves.
The decree e%njoins the seven individ-
ual defendants, the Standard Oil Com
pany and its subsidiary corporations,
from continuing or carrying into effect
the illegal combination they have formed
and from entering into any like combina-
ton or conspiracy, the effect of which
will be to restrain interstate commerce
in petroleum or it's products, OF to pro-
long the unlawful monopoly of such
obtained by the defendants
as stated in the decree and they are
forbidden from engaging or continuing
in interstate until they dis
continue their illegal combination.