The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1911-05-26
GOVERNMENT
WON BIG SUIT
Oil Company Declared
an Unlawful Combination
IS ORDERED DISSOLVED
History of The Most Important Case Ever
Taken Before the Highest Court
of the United States

The decision rendered by the United
States Supreme Court against the
Standard Oil Company directly affects
the biggest business combine in the
United States, and, indirectly, nearly
hundred other business combines, mod
elled on the same lines.
1t is the elimination of legal battle
which has been fought all over the
country for four and half years. At
torney General Wickersham declared
it to be perhaps the most important
case ever taken before the Highest
Court.
The case had it's inception in the filing
of bill of complaint in November,
1906, before the Circuit Court for the
Eastern District of Missouri, against
lab corporations and seven individuals,
on the ground that they were "com-
bnation in restraint of trade" and
therefore violating the Sherman anti
trust law. John d. Rockefeller, VIM.
G. Rockefeller, Henry H. Rogers, Hen
ny M. Flager. Oliver H. Payne and
Charles N. Plat were among the in
dividuals made defendants by suit.
For nearly two years prior to the FL
ing of the suit Government agents had
been gathering evidence all over the
country The bill of complaint en-
bodied much of this evidence. 1t COW
cred 220 closely printed pages, and pur-
ported to give history of the "oil
trust" from its inception in 1876.
The issues in the case were of such
magnitude, and the "resume" of facts
expected to be proved by the Govern
ment so voluminOus, that the court ap-
pointed a master to take the testimony.
Over two years was spent in this task.
Witnesses we're examined all over the
country. Frank B. Kellogg was the
Governments attorney, and opposing
him was Moritz Rosenthal. who was
reputed to be paid 81 ZOO for every day
he appeared in court. There were four
or five legal assistants.
At the actual trial, before the Cir
cult Court, the Trust was represented
by John G. Johnson, of Philadelphia,
and John G. Milburn, of New York,
two of the greatest corporation attor-
neys in the country. Kellogg argued in
behalf of the Government.
e On November 20, 1909, the Court
sustained practically every contention
made by the government, adjudged the
combine a trust in restraint of trade,
and reading the Sherman law broadly,
ordered the absolute dissolution of the
combine. By its decree, the "holding
company, the Standard Oil Of New
Jersey, was enjoined from voting the
shares of stock in any of the companies
controlled by it, or from receiving any
dividends therefrom.
From the decision the Oil Trust APP
pealed, alleging &c errors in the decree.
Briefly, these were that the court erred
in compelling nonresident corporations
and individuals to appear at ST. Louis;
in over ruling the plea of the defend.
ants that the court had no jurisdiction;
in finding that the 10 corporations alb.
sorbed by the Standard of New Jersey
in 1899 were then competitive;n finding
that the seven individual defendants in
the ten years prior to 1899 had acquired
companies to suppress COM
petition: that subsidiary companies in
the combine were entirely controlled
by the parent corporation, and that an
exchange of stock for an interest in a
single corporation was illegal
The case was first argued before the
Supreme Court last spring. The high.
est Tribunal then only included eight
active memters, because of Justice
Moody's illness, and shortly after the
arguments, only seven, through the
leath of Justice Brewer. Because this
vas not full bench the Court ordered
The cases le.submitted.
BY the appointment of Gov. Hughes.
If New York, and later, the selection of
Justices Van Uevanter and Lamar, and
he naming of Justice White as Chief
Justice, the bench was complete on
January 8, when the case was again
argued. Kellogg again appeared for
The government, with Attorney Cen
,ral Wckersham as his assistant. Mil
burn. johnson ard D. T. Watson, Of
argued for the defendants.
The Court broke all precedents in
granting five days for the arguments.
About $500, 600, 900 of capital is in.
rested in the various companies which
70 to make up the combine.
The record in the case is full of in
stances where the giant power of the
was used to force Compel
tors to the wall. The trust carried on
is business in sections where there
vas a prejudice against trust" pro-
lucts, through concerns which, although
controlled by the Standard,
advertised themselves as entirely in
dependent. 1t received rebates from
and it had system of spying
N the business of their competitors.
Its active interest in politics brought