The Topeka state journal., 1911-07-26
WORK STILL POOR. he TELLS WHY.
Engineer of South Side Dixie Attorney Explains
Taxpayers Writes. Standard Oil Case.
That Gravity Isn't Reete What Has Been Done
Satisfactory the State
BETTER THAN AT FIRST LITIGATION EXTENDED
Tells Changes That Have Agreement Reached With Ref
Been Made erence to $25, 900 Penalties
Wants Machine Condemned and Judge Akmen Given Light
Taken Off the Question.
Recites What Has Been Done by
the State.
LITIGATION EXTENDED
Agreement Reached With Ref
erence to $25, 900 Penalties.
Judge Afkmen Given Light on
the Question.

/ - 0A - EAs S5ANOAh OAA
the Question.
In reply to Judge Aikmen of Butler
I icounty, who had ruled that the Stan
dard Oil company was either guilty or
not guilty of a criminal action in the
premises and refused to accept the
| fine from the company in behalf of
Butler county, Attorney General John
S. Dawson today filed his affidavit in
| the Butler county court in which he
sets forth in detail the history OF tile
states litigation with the Standard Oil
company. The narrative is clear and
OF particular interest. It places the
attorney general, SO far as his part is
concerned, in q most favora Bile light
with hia constituents In his settle
ment with the Standard Dawson Sc
cured for the state the largest cash
settlement for law violation ever paid
to the state by corporation, reaching
the total sum OF $4,000.
Besides the affidavit is motion for
judgment as per stipulation between
the state and the Standard Oil COM
pany of Indiana. The affidavit eX-
plains to the court the purpose of the
ado raised a question as to the recital
in the stipulation. Judge Aikman rul-
ed that if the corporation cared to
plead guilty all we'll and good; if not
Il HeBQH pay duNIIllnk. Inc
ney general explains that by agree
ment the case was reformed from
criminal case to a civil case for statu-
tory penalties, and that the total COM
promise sum of $4,000 agreed upon
is being divided up among the coun-
ties represented by county attorneys
who have assisted the state in the lit
igation.
The attorney generals affidavit is as
follows:
History of the Case.
John s. Dawson on his oath duly
administered. deposes and says;
My name is John S. Dawson. I am
the duly elected, qualified and acting
attorney general of the state of Kan
sas.
Some time in the year 1906 the then
attorney general of the state of Kan
sas. Hon. c. c. Coleman, CONNIE enced
proceedings under the antitrust laws
against the Standard Oil company of
Indiana. the Prairie Oil & Gas com
pany, and the Standard Oil company
of Kansas, corporations. charging
them with violations of the antitrust
laws of the state of Kansas. Said
proceedings were prosecuted with
great care and pains during the bal
ance of the term of Attorney General
Coleman and the succeeding four years
of the administration of Hon. Fred s.
Jackson, attorney general of the state
of Kansas. During said time evidence
and testimony of about one thousand
witnesses for plaintiff and defendants
linger, comm issiOner of the supre me
court of the state of Kansas. Said
testimony was distracted on the part
of both plaintiff and defendants and
argued before the commissioner of the
supreme court.
This affiant was assistant attorney
general under the administration Of
Attorney General Coleman and the
first term of Attorney General Jack
son and succeeded to the duties and
responsibilities of the attorney gem
erals Office on the 9th day of January,
1911. That during the time this af-
tiant served as assistant attorney gen
eral he often consulted with Attorney
General Coleman and with Attorney
General Jackson and is well fsmiliar
with the history and course of that
litigation and the testimony developed
pro and con.
Depended Upon Court of Appeals.
That when this affiant became attor-
ney general, in the exercise of a sound
discretion and proceeding on the as
sumption that the judgment of the
United States circuit court of appeals
in the government case against the
Standard Oil company of New Jersey,
which New jersey company was the
parent organization of the Standard Oh
interests of which the Kansas COM
panies above mentioned were integers,
would be upheld in all its parts in the
supreme court of the United States,
and that the findings of the commits
siOner of the supreme court of the state
of Kansas would warrant the institu-
ton of criminal proceedings in nearly
every county in the state of Kansas
against the above named defendants,
this affiant called a conference of the
county attorneys of the state of Kan
sas to meet at Topeka on or about the
Goth day of March. 1911, to arrange for
the institution of such criminal cases
And such criminal cases were prepared
to be filed in the district courts of D
large number of the counties of the
state of Kansas. including the county
of Butler, pursuant to such conference
OF the county attorney of Butler coun-
ty, and this afTiant, as attorney gen
eraI, and large number of the other
county attorneys of the state of Kan
sas That such projected proceedings
became known to the attorneys for the
above named defendants and an offer
OF compromise was made by the de-
PENDANTS to avoid criminal prosecutions
and to submit to the payment of civil
penalties under the statute of some
S25'000 to the state of Kansas, which
proposition was at first rejected. but
after the findings of the commissioner
OF the Kansas supreme court was filed
and showed that the essence OF the Of
Tending of these defendants lay almost
exclusively in the fact that they were
Integers and members of the Standard
Oil company of New Jersey in violation
OF the Sherman act of the United States
congress rather than in specific acts Of
offending under the antitrust laws of
the state of Kansas, except as such
violations of the Kansas antitrust laws
might be inferred therefrom, this af-
fiant in the exercise of his best dis
cretion did enter into a compromise
with counsel for the defendants to set
tie any and all charges against this d =