Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-05-20
SUPREME COURT
AGAINST OIL TRUST
Highest Tribunal In The Country De-
cIares That the Giant Octopus
Must BE Dissolved.

washington, May l6.-1'ne STANDARD
Oil Company OF New Jersey is con
spiracy and monopoly in restraint OF
trade and must be dissolved in the
next six months
In a decision delivered by Chief
Justice White the government won its
long and hard fought dissolution case
brought under the Sherman antitrust
law in that the Standard Oil company
was guilty of conspiracy and monopoly
In restraint of trade. The decree OF
the lower court was affirmed. but was
modified in particulars, which Chief
Justice White said were very slight
indeed.
Associate Justice Harlan announced
dissenting opinion.
Chief Justice White began the de-
livery of the opinion, but before the
findings of the court we're reached he
read a great part of $4,000 word re-
view of the litigation and the evil
dence. This kept the crowd of emf.
nent lawyers and government officials
in the court room in suspense
Modification In Decree.
The decree OF the lower court was
modified SO that there need not be IAN
absolute cessation of interstate COM
merce in petroleum and its products
by such vast agencies as are embraced
in the combination, a result which
might arise from that portion of the
decree which enjoined carrying on of
interstate commerce not only by the
New Jersey corporation, but by all OF
the subsidiary companies until the dis
solution of the combination by the
transfer of the stocks in accordance
with the decree"
The court also extended the time
from one to six months in which the
dissolution must take place.
Probably the most important propo-
sition of law laid down In the opinion
was that the words In the statute
every restraint of trade" are not to
be literally construed, but are to be
construed in the light of reason.
On this point the court held that
the position of the government that
the supreme court had decided that
any qualification of this phrase was
precluded by previous decisions Of the
supreme court was erroneous.
OF the first two notifications the
language of the chief Justices con-
clusion was:
Eve construe the sixth paragraph
of the decree not as depriving the
stockholders or corporation of the
right to live under the law of the
land, but as compelling obedience to
the law. AS therefore the sixth para
graph as thus construed is not amen
able to the criticisms suggested that
was obviously right.
I'VE think that in view Of the mag
nitude of the interests involved and
their completely that the delay of
thirty days allowed for executing the
decree was too short. and should be
extended so as to embrace period of
at least six months.
$50 also, in view of the possible
serious injury to result to the public
from absolute cessation of interstate
commerce in petroleum and its pro-
ouCtS ny suCh Ndot d6cnCieS as are
embraced in the combination, re-
suit which might arise from that por-
ton of the decree which enjoined the
carrying on of interstate commerce
not only by the New Jersey corpora
ton, but all the subsidiary companies,
until dissolution of the combination by
the transfer of the stocks in accord
ance with the decree should not have
hon ID Led