Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-05-16


many other corporations assreSathS so
vast capital gives rise i'm and of itself
/ in the absence of counteryaiinS circum-
stances to the prima facia presumption
of intent and purpose to- maintain the
domnancy over the oil industry, not as
result of normal methods of industrial
development, but by new means of COM
bination which were resarted to in order
that greater power might be added than
would otherwise have arisen had normal
methods been followed, the whole with
the purpose of excluding others from the
! trade and thus centralizing in the>~aom-
bination a perpetual control Of the move
ments of petroleum and It's products in
the channels of interstate commerce.
"B-Beeause the prima facie pre-
sumption Of intent To restrain trade,
to monopolize and to bring about
monopolization resulting from the act
| If expanding the stock IF the New
| Jersey corporation at vfstng 1t with
such vast control OF the oil industry,
| is made conclusive by considering:
THE conduct 81 the persons or
corporations which are mainly instru-
mental in bringing about the extension
! OF power in the New Jersey corpora
lien before the cousaHmation of that
result and prior to the formation of
the trust agreements Of 1879 and 1852;
BY considering tine proof as to
what was done under these agree
ments and the acts which Immediately
preceded the vcstius al power in the
New Jersey corporation as well as by
weighing the modes in which the
power vested in that corporation has
been eXerted and the results which
| have arisen from it
In subjeeting to scrutiny the acts
and doinss Of the Standard Oil in the
past for the purpose OF obtaining as
sistance in discovering intent and pJIr-
| pose. Chief Justice White made this
cutting remark
We think no disinterested mind can
survey the period in question without
being irresistbly driven to the conch-
sion that the Very genius for commercial
development aud organization which it
would seem was manifested from the be-
ginning soon begot an intent and purpose
TO exclude others which was frequently
manifested by acts and dealings wholly
inconsistent with the theory that they
We're made with the single conception of
advancing the development of business
power by usual methods but which on
The contrary necessarily involved the in
tent te drive others from the field and
to exclude them from their right and
thus accomplish the mastery which was
the end in view. And, considering the
period from the date Of the trust agree
ments of 1879 and 1852 up to the time of
the expansion of the New Jersey corpor-
Iation, the gradual extension of the power
over the commerce in oil which ensued
the decision Of the supreme court of
Ohio, the hardness or reluctance in con-
forming to the commands of that de-
cision, the method first adopted and that
which finally eliminated in the plan of
the New Jersey corporation. all addition
ally serve to make manifest the contin-
ued existence OF the intent which we
have previously indicated and which
among other things impelled the expan-
sion of the New Jersey corporation. The
exercise of the power which resulted
from that organization fortifies the fore
going conclusions, since the development
which came. the acquisition here and
there which ensued of very efficient
means by which competition could have
methods which followed by which means
of transportation were absorbed and
brought under control the system of
marketing which was adopted by which
the country was divided into districts
and the trade in each district in oil was
turned over to a designated corporation
within the combination all others were
excluded. all lead the mind up to a con-
yicton of a pure and intent which we
thing is so certain as practically to cause
the subject not to be within the domain
of easonable contention.
1.-The inference that no attempt to
monopolize could lave been intended
and that 10 monepoliZatiGn resulted
from the acts complained of. since 1t
was esta bished that every small per-
eentage Of the crude oil produced was
controlled by the combination is I'M
warranted. AS substantial power over
the cru1e product was tho inevitable
result of the absolute control which
existed over the refined product the
monopolization of the one carried
with it :he power % control the other,
and if the inference which this sit
uation suggests were developed. hicE
We deem it unnecessary to do they
might well serve to add additional
cogency to the presumption of intent
to monopoliZe which we have found
arises from the unquestioned proof on
other subjects"
The court then considered the argu-
ments that the statute could not be
applied 10 the facts in the ease with
out .npairing the rights OF property
ard destroying the freedom of con-
tract which is essential to the we'll
being Of society. But the ultimate
foundation of all these arguments.
commented the chief justice, rs the
assumption that reason may not be
resorted to in interpreting and APP
plying the statute, and therefore that
the statute unrea sonably restricts the
right to contract and unreasonably
operate upon the light to 9cQuire and
hold property. AS the premise is
demonstrated to DC unsound by the
construction, we nave given the stat
ute, Of course. the propositions which
rest upon that Biemise need not he
further noticed
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