The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-05-19

pOWti VI many StVNhhoiNS'D o
the same proportions respectively OF
the majority of the stock of each Of
several corporations engaged in COM
merce in the same articles among the
states, or with foreign nations, to re-
strict competition therein, rendered
the power thus vested in the corpora
ton or person greater more easily
exercised, more durable and more ef-
| fective than that previously held by
the stockholders, In these effects, the
court found q restraint on commerce.
The court then proceeded to evolve
a plan to remedy the situation. 1t en-
tered a decree. enjoining the Stand
ard Oil company of New Jersey from
exercising any control, by reason of
its stock ownership, over the subsidi-
ary companies from paying any divi-
dents to the Standard Oil company of
New Jersey. It put provision in the
decree to enjoin any possible evasion
of the decree by the organization of a
similar combination or of the convey
ance of the property to one of the de-
PENDANTS. Unless the defendants should
sever the relations and cease the com
bination within thirty days, they were
to be enjoined from engaging in in
Iterstate 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 Ameri-
can case. The petition, pleadings, tes-
timony, opinions and decree consti-
Ituted twenty-five large volumes or
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-
largument. The case was heard the
lsecond 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.
Especial assistant to the attorney gen
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,
Iof Pittsburg.
In his address to the court, Mr. KeI-
1logg, who took all the testimony in
the case on behalf of the government.
said that the Standard Oil organization
was not a natural growth but was
born and reared in fraud and oppres-
Ision, and "hangs over the commerce of
this country today like threatening
cloud"
The Standard Oil company of New
Jersey, he told the court, controlled
from 85 to 81 per cent of the oil bust
ness of the country, with a financial
power beyond that possessed by any
other combination ever known. The
combination, he added, was made eff
fective and powerful by reason of pre-
ferential rates and rebates in trans
portation, the greatest ever known to
have been made, and by unfair and
frutal methods of competition. which
In and of themselves between mer
chants and corner-grocery men would
not be dangerous, but in the hands Of
combination Of this size and of this
, powers are the most dangerous instru-
/, tments to independent dealers, ofIianu
facturers, and men engaging fns ghter-
Iprise known in commerce. .DRo7 boCg
The other side of the c6fitestnwas
summarized by John G. Johns8R, in
the closing argument in the casen 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 com.
mltted, he argued, there existed an
, adequate remedy at law and there.
fore 1t was not necessary for equity TO
step in to dissolve the corporation.
, He denied that rebates were being ac.
: cepted by the corporation now, or
o that 1t was cutting prices or organic
: ing secret concerns, and characterized
the governments references to them
O in the past as necessary to "give the
proper color and raise the proner
; amount Of indignation" in the case
! ne declared that the Standard Oil
t organization was the result Of orderly
growth.
+ Let the channels of commerce be
open for all who may desire to enter
J. said he in closing, whether with ocean
/. steamer or with dugout, with Rookie
I teller wealth or with naught but their
f brains and their hands, unfettered hv
S their own improper restraints and IN.
;. interfered with by the abuses of 9th.
ers, and all will have haan doro A..