The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1911-05-16

the statute"
At this point. in. the opinion. Chic
Justice White touched upon the phas
OF the case. which formed the. basil
for Justice Harlan's dissenting opinion
IL was that the opinions OF the 81
preme court In the cases OF tn,
United States VS.. Freight Association
and United States VS.. Joinst Tram,
Association, excluded the right to thu
reason In Interpreting the statute
Chief Justice White declared that tn
general language OF those opinions
had been subsequently explained an,
held not TO justify the broad signif
canoe attributed to them.
More Trust Power.
The chief justice next took I'D IN,
facts and the application of the sta
tute TO them. AS matter OF fact. thu
court found that the result OF enlarg
Ing the capial stock OF the Standar,
OH company OF New Jersey and tn,
acquisition by that company OF thu
shares or the stock OF the other coz
porations in exchange for its certifi
Gates, gave to the corporation en-
iarged and more perfect sway and con
troll over the trade and commerce il
petroleum and its products. The ef
feet OF this. Chief Justice White said
the lower court held. was TO destro,
the Potentially Of competition" which
otherwise would have existed to sucl
an extent as to be combination OF
conspiracy in restraint of trade in VIC
lation OF the first section Of the &C
and also be an attempt to monopolIzt
and monopflzation bring about a peren
NAL violation OF the second section.
we see no cause to doubt the cor
rectness OF these conclusions" safe
the chief justice. considering the sub
tect from every aspect, that is both IL
view or the facts established BY tn,
record and the necessary operation
and efect of the law as we have con
strue II upon the inferences deducibI,
from the facts. for the followin,
reasons:
laD Because the unflcation OF
power and control over petroleum OF
us products. which was the newt
Sble result OF the combining in the
New Jersey corporation by the in
crease or its stock and the transfer
70 ~ or the stocks OF so many other
corporations. aggregatinE so vast a
capital. gives rise. In and Of itself.
the absence OF countervaiiing cir
Sumstances. TO say the least. to the
ana purpose 10 maintain the domin-
49, over the OIL industry. not as a
result OF formal methods OF indus
trial development. but that greater
power might be added than would
De Otherwise have arisen had normal
methods been followed. the whole
Win the purpose OF excluding others
from the trade and thus centralizing
IA the combination a perpetual con-
troi OF the movements OF petroleum
and Its products Ia the channels ~
Interstate commence
,bl because the prima facie pre-
, sumption Of intent TO restrain trade,
70 monopolize and TO bring about
monopoli zation resulting from me
act OF expanding the stock OF DE
NeM Jersey corporation and vestfng
II with such vast control OF THE 81
industry Is made conolusive b,, co.,
slderinE tlb the conduct OF the per-
sons or corporations who were main
the extension or power in the New
Jersey corporation before the con-
sutnnation or that result and prior
10 the formation OF the trust agree-
ments OF 1879 and 1852: C2) bv coA
S,lnering the PROOF as 10 what was
zone under those agreements and.
ne " ,.1s, winch Immediately preceded
me Nesting OF power in the New
Jersey corporation as well as NV
Weighing the modes In which the
power vested In that corporation has
geen eNertcd and the results which
have arisen from g."
Cutting Remark.
In subjecting TO scrutiny the act,
and doings of the Standard Oil in the
long distance past for the purpose o
getting assistance in discovering in
tent and purpose. Chief Justice Whit,
left cutting remark.
We think no disinterested minC
can survey the period IN question
without being irresistibly driven =,
the conclusion that the very geniu,
for commercial developments and or
ganization which il would seem wa,
manifested from the beginning. 500,
begot an intent and purpose to ex
clude others. which was frequentI,
manifested by acts and dealings Who'll
~ inconsistent with the theory tina;
they were made with the single con
ception OF advancing the development
or business power by unusual meth
DDS. but which on the contrary neces
sarily involved the intent TO driv.
others from the field and 10 exclud.
them from their right 70 trade. anf
thus accomplish the mastery which
I was the end In view"
Applying the Remedy.
Finally. the Chief Justice came 4,
apply the remedy. He said that or
dinarily where violations OF the nc
Z were found 10 have been committed
/ u would suffice 10 enioin further VIC
I lations. In case. however. whore ;
monopolization or attempt 10 monopo
/ lie was established. or the existenc,
~ combination IS proven. the con
/ tinuance o. which r. a perennial VIC
! lation of the statute. further relic
l was called for.
| The lower court. he pointed out
had. first. enjoined the combination
! and IN effect directed its dissolution
/ second forbidden the New Iorqe,
I corporation from exercising any con
/ troll by virtue ~ its stock OWNERSHIP
| over tho subsidiary corporations. an,
/ cnioined those corporations from roc
/ ognlzinr en- any manner tho authorit,
Z or power ~ the New Jersey corpora
I zion by virtue Of such ownership
third. onioined In The sixth section o.
/ the decree the subsidiary CORPORA
lions after tho dissolution. from 10
ing any act which could create n Tx,
Illegal combination. fourth. enIoine,
"