The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-16

COTpOFdLiOHs BlBdBtu III CUIHHSTCS III
the same articles among the states, or
with foreign nations. to restrict COM
petition therein, rendered the power
thus vested In the corporation or per-
son greater, more easily exercised,
more durable and more effective than
that previously held by the stockhold-
ers In these effects, the court found
restraint on commerce.
The court then proceeded to evolve
plan to remedy the situation. In
entered decree, enjoining the Stand
ard oil Co. Of New Jersey from ex-
ercising any control, by reason of it's
stock ownership over the subsidiary
companies from paying any dividends
to the Standard Oil Co. of New Jersey.
1t put provision in the decree to
enjoin any possible evasion of the de-
cree by the organization of SINH
lar combination or of the conveyance
Of the property to one of the defend
ants. Unless the defendants should
sever relations and cease the COM
bination within thirty days, they were
to be enjoined from engaging in in
terstate commerce until they did cease
the combination.
From the circuit court, the case was
brought to the supreme court of the
United States. The record laid before
the higher tribunal probably was the
largest ever prepared in an American
case. The petition, pleadlngs, testi-
mOny, opinions and decree constituted
twenty-five large volumes of more
than 500 pages each.
The case was first argued before
the supreme court in March, 1910 but
it was restored to the docket for re-
argument. The case was heard the
second time in January, 1911, the lat
ter time before a full bench. Noted
attorneys appeared on either Sides For
the government, Attorney General
Wickersham and Frank S. Kellogg,
special assistant to the attorney gem
eral, addressed the court. For the
Standard OIL there appeared John G.
Johnson Of Philadelphia, John G.. Mil
burn of New York and d. T. Watson
of Pittsburg
In his address to the court Mr.. KEEL
lOgg, who took all the testimony in
the case on behalf of the government
said that the Standard Oil organization
was not natural growth, but was
born and reared in fraud and oppres-
sion, and hangs over the commerce
of this country today like threaten
ing cloud"
The Standard Oil Co. of New Jersey.
he told the court, controlled from IS
to OF per cent of the oil business of
the country with a financial power
beyond that possessed by any other
ever known. The COM
he added, was made effect
i've and powerful by reason of the
preferential rates and rebates in trans
portation, the greatest ever known to
have been made and by unfair and
brutal methods Of competition, which
in and of themselves between mer-
chants and corner grocery men would
not be dangerous, but in the hands
of a combination of this size and OF
this power, are the most dangerous
instruments to independent dealers,
manufacturers, and men engaging in
enterprise known in commerce"
The other side of the contest was
summarized by John G. Johnson, in
the closing argument in the case. He
declared that the country did not suf-
fer by the mere largeness of the cor
poration, but profted. For the alleged
sins that the corporation had commit
ted, he argued there existed an ade-
quate remedy at law and therefore it
was not necessary for equity to step
in to dissolve the corporation He de-
MED that rebates were being accept
ed by the corporation, now or that 1t
was cutting prices or organizing secret
concerns, and characterized the gov
ernment's references to them in the
past as necessary to give proper color
and raise the proper amount of indig-
nation" in the case. He declared that
the Standard Oil organization was the
result Of orderly growth.
Let the channels of commerce be
open for all who may desire to enter"
said he in closing whether with ocean
steamer or with dugout with Rookie
Teller wealth or with naught but their
brains and hands, unfettered by their
own improper restraints, and unin-
terfered with by the abuses of others,
and all will have been done that is
wise. Beyond that lies the antagonism
of irresistible economic necessity, and
danger of disaster the length and
breadth of which no man can foretel."
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