Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-01-11
MAKES FINAL FIGHT
Defense of Standard Oil Starts
Late Today.
NOW IN SUPREME COURT
Suit Under Antitrust Law In
stituted in 1906.
BEGUN IN NAME OF THE U. S.
Four Circuit Judges Found THAI
Company Was Illegally Re-
straining Interstate Commerce.

The final fight of the Standard Oil for
it's very existence under the present
organization will begin late today in
the Supreme Court of the United
States. The argument in the tobacco
dissolution suit will be concluded
about half an hour before court ad-
journs. according to the agreement en-
tered into by counsel last week. John
G. Milburn of New York then will lay
before the court the foundation for the
defense of the Standard Oil against the
proposed dissolution under the Sher-
man antitrust law.
The suit under the Sherman antitrust
law to dissolve the Standard OIL organ
ization was instituted in 1916, in the
circuit court CT the United States for the
eastern district of Missouri. The proceed.
ings were begun by the Department OF
Justice, in the name of the United States.
against III corporations and seven IN
dividuals.
The principal corporation was the
Standard Oil Company of New Jersey.
From 1882 to the present time this com
pany is said to have operated rehnerleS
itself. but in 1880 its stock was increased
to $100,OCOy0OOO SO as to enable II g ac-
quire the stock of nineteen other Oil COM
panies, which in turn owned a large num-
Der of companies concerned in the OIL
business. The Standard Oil Company OF
New Jersey was designated as a holding
company and is similar to the American
Tobacco Company, the organization or
which was considered by the court dur
ing the last few days.
Seven Persons Named.
The seven individuals named in the
suit as defendants were John D. Rookie
Teller, William Rockefeller, Henry NJ.
Flagler, Henry H. Rogers, John ID. Arch
bold, Oliver H. Payne and. Charles M.
Pratt. The part these men are said to
have played in the alleged violation Of
the Sherman antitrust law has been
summarized by the government as fol-
lows:
About 1870 the Rockefellers and Flag
Ter conceived the purpose Of controlling
the petroleum trade, both domestic and
export. and obtaining monopoly thereof.
They entered into conspiracy to ac-
cOmplish this purpose, which from time
to time took the form of various combi-
nations. Shortly after 1870 the Rookie
fellers and Flagier were Joined in the
conspiracy by Rogers. Archibald, Payne
and Pratt.
The form which the alleged conspir-
acy took is described by the govern
ment as being from 1870 to 1882, "a
combination between large number or
manufacturers, who acted in harmony
anu Whose SLOch lulcTeSlS WcIc pOO1Co
in the hands of three trustees in 1879"
From 1882 to 1899. the form of the al
legged combination was that of a trust
agreement. whereby the stock of
large number of corporations was
placed in the hands of trustees. who
managed the property. From 1899 to
the present time, the combination is
alleged to have taken the form OF
holding company. the Standard Oil
Company of New Jersey.
Decision of Circuit Judges.
The four Judges in the circuit court
found that the Standard Oil was an IL
legal combination in restraint of inter-
state commerce. and also was monopo-
tered enjoining the. holding. company from
exercising any control over the subsid-
iary companies and enjoining the SUBJ
sidiary companies from paying any divi-
dends to the holding company All were
enjoined from engaging in interstate COM
merce until the illegal combination was
discontinued.
The court also found that the Standard
Oil:
Produced more than one-tenth of the
crude oil obtained in this country.
Owned and operated more than One-half
of all the tank cars used to distribute
it's products.
Manufactured more than three-fourths
of all the crude oil refined in the United
States.
Transplanted more than four-ffths Of
the petroleum derived from the Pennsyl-
vania and Indiana oil fields.
Marketed more than four-ffths of all
the Illuminating oil sold in the United
States.
Exported more than four-fifths of all
the Illuminating oil sent forth from the
United States.
Sold more than four-fifths of all the
naphtha sold in the United States.
Sold more than nine-tenths Of all the
lubricating Oil sold to the railroad COM
panies in the United States.