The Detroit times., 1911-05-16
High Court Gives Oil Trust
Six Months to Dissolve


OiA mVutuS W DlSSUlVC
Defendants In oil Dissolution Suit.
John ID. Rockefeller. William Rookie
Teller. Henry NJ Flagler, John d. Arch
bold. Oliver n Payne. Charles M Pratt.
Acme OIL Co, American Lubricating
OH Co. Anglo-American Oil Co, Ar
gand Refining Co., Atlantic Refining
scrymser Co, Buckeye Pipe Line Co,
Buffalo Natural Gas Fuel Co. Bush and
Densiow Mfg. Co. Camden Consoli-
dated OIL 20. Chesborough Manufac-
turing Co, Consolidated; Colonial oil
Co.: Commercial Natural Gas Co. Con-
Meeting Gas Co., Continental OH Co.
Crescent Pipe Line Co. Cumberland
Pipe Line Co. Eastern Ohio OIL and
Gas Co, Eclipse Lubricating OIL CO.,
Eureka Pipe Line CO., Florence OIL and
Refining Co, Franklin Pipe Co. Ga
Co. Lawrence Natural Gas Co. Ma
honing Gas Fuel Co, Manhattan OH
Co. Mountain State Gas Co, National
Fuel Gas Co. National Transit Co.
Line Co. Northwestern Ohio Natural
Gas Co. Ohio OIL Co. Oil city Fuel
and supply Co. .oswego Manufacturing
Co. PENNSYLVANIA Gas Co, Pennsylya-
MIA OIL Co. Peoples Natural Gas Co.
Pittsburg Natural Gas Co, Plat q
Washburn Refining Co. Prairie Oil and
Gas Co. Security oil Co. Solar Re-
inning Co Southern Pipe Line Co.
South Penn OIL Co, Southwest Penn;
sylvania Pipe Lines Co. Standard OIL
Co OF California. Standard oil Co. OF
Indiana, Standard OH Co OF Iowa,
Standard oil Co. OF Kansas, Standard
OH Co OF Kentucky. STANDARD OIL Go.
braska, Standard oil Co OF New York,
standard oil Co. OF Ohio. Swan Finch
Co. Taylorstown Natural Gas Co, Tide
NJ ~ mt
Union Tank Line Co, United Natural
Gas Co, United oil Co, Vacuum OIL
Co, Washington OIL Co, Waters-Pierce
OH Co
WASHINGTON, May 16-The SUI
preme court of the United States Mon
day afternoon ordered the Standard
Oil Co. OF New Jersey dissolved. The
decision announced from the bench
order OF the United States circuit
court. with slight notifications.
To accomplish the dissolution the
court sets a period OF six months. This
Is an extension OF five months over
the time allotted in the dissolution
decree of the lower court. The decree
of the circuit court was modified by
the supreme court in only one other
particular. The supreme court orders
that the Standard Oil company and
its subsidiaries shall not be excluded
from interstate commerce pending the
putting its house In order.
The decision OF the court In regard
to the general Interpretation OF the
Sherman antitrust law was awaited
with greater anxiety by the business
world than the finding OF fact In the
STANDARD Oil case. The court holds
that IL is necessary TO distinguish be-
tween reasonable" and 'unreason-
able" restraint of trade as covered by
the Sherman antitrust law.
The effect OF the decision, as view
ed by distinguished lawyers, is to in
sert the word unreasonable into the
general prohibition in the Sherman
antitrust law against combinations
in restraint of trade. The supreme
court has thus eliminated the uncer-
tainty with which all business COM
binations regarded the Sherman anti
trust law. and in the future IL will be
up TO the government to draw the line
between good and bad trusts. The
antitrust law, as construed by the
court, does not apply TO all combina-
tons, contracts, or acts In restraint OF
trade, but only 10 those which are
shown TO be unreasonable and in
which the intent to form an unlawful
conspiracy or monopoly can be proved
or inferred. The decision of the court
and it's general effect was regarded
in Washington as distinctly reassuring
to business.
The chief justice following his
usual custom, rendered the opinion
without any notes. The recital OF
the case was dramatic, the jurist en-
phasizing his points by vigorous ges-
lures. raising his voice at times, and
again rapping his desk.
With eloquent sentences he sum-
med up the tremendous magnitude
of the case and the gigantic work
which was before the court.
"As penalties which are not author
lied by law may not be inflicted by
judicial authority" continued the de
cision, 1T follows that TO meet the
situation with which we are con-
fronted, the application OF remedies
two-fold In character becomes es'
sential: First, TO forbid the danger
in the future of acts like these which
we have found have been done in
the past, which would be yiolative
of the statute.
Second, the exertion OF such
measure of relief as will effectually
dissolve the combination found to
exist In violation OF the statute and
thus neutraliZe the extension and
continually operating force which the
possession OF the power unlawfully
obtained has brought, and will con
tinue TO bring about.
"In applying remedies for this pur-
pose. however, the tact must not be
overlooked that injury to the public
by the prevention of an undue re
straint, or the monopolization OF the
trade or commerce Is the foundation
upon which the provisions of the
statute stand, and moreover one OF
the fundamental purposes of the sta
tute is to protect, not to destroy the
rights OF property.
1.-THE court below adjudged that the
New Jersey corporation insofar as
81 held stock OF the various corpora
tiona was a combination in violation
of the act and an attempt 10 monopol
ize or a monopolization contrary "a
a, the second section Of the act. II
commanded the dissolution OF the