The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-05-20

TO restraints OF trade before tney were
held 10 be violations Of the Sherman
Antitrust law. The court found this
justification In the common law Of the
~forefsthers and in the general law of
the country ct the time the Sherman
Anti Trust law was passed.
In short. the court held that the tech
meal words Of the statute were to be
given the meaning which those words
had 10 tine common Law and in the Law
Of the country at the time Of the enact
ment. This meaning Of the words. &C.
cording 10 the court. called for the exer-
else Of reason in determining what re-
straints on trade were prohibited.
History of Case
The suit which called forth to day
decision was instituted in 1906 in the
United States Circuit Court for the
Eastern District of Missouri. Ii wat
brought in the name Of the United
States. The immediate object was to
dissolve the Standard Oil Company of
New Jersey.
From the very beginning, the bust
ness and the legal worlds recognized
that the suit put the Sherman Anti
trust law 30 the most severe test to
which 1t had been subjected. The law
had been on the Statute book since
1890 aud had peel the basis Of some
Is suits finally passed upon by the
Supreme Court Of the United States.
That the law vas constitutional was
accepted as settled by these decisions.
but simple rs the words Of the Statute
seemed, there was an absence Of unani-
nifty in regard to its Interpretation.
With that situation confronting the
Government and the defendants. the
suit was begun with the general belief
that the entire business world would
feel the effect Of the outcome Of the
gigantic struggle.
The Government claimed that two
sections Of the Sherman Antitrust law
had been violated. The FIRST section
reads rs follows:
The Violations
Every contract, combustion in the
form Of trust or otherwise. or conspir-
acy. in restraint Of trade or commerce
among the several States. or with for
eign Nations, 10 hereby declared TO be
Illegal"
The second section reads:
Every person (which subsequently,
wa explained in the Statute TO include
oorporations) who shall m~onopolize
or attempt to moaepoiise or COM
bine or conspire with my other
person or pernons. to monopolizs any
part Of trade or commerce among the
several States. or with foreign nations,
shall be deemed guilty of q misde-
meanor."
The Standard Oh Company Of New
Jersey, some 20 subsidiary corporations.
John d. Rockefeller, William Rookie
Teller. Henry NJ. Flagler. Henry II.
Rogers, John D. Archbold. Oliver H.
Payne and Charles n. Pratt. all defend
ants In the emit, denied the charges.
Gather Epidsncs
Months were spent in gathering evil
dence. The general line Of attack as
shown by evidence presented by the
Govern@ ent was this: 1t claimed that
about 1870 the RoGkefeilers aud Flag
Ter conceived the idea OF controlling
the petroleum trade Of the country, and
Q little later entered into q conspiracy
with Rogers. Archibold, Payne and
Pratt TO gain q control of the oil bnsi-
ness. To carry ont this alleged con-
spiracy, it WAS claimed, they first
pooled" their ilterests. then put them
into the hands Of trustees or 'trusts"
and finally. when the tr nst Of 1882 Was
declared "void." in . decision by the
Ohio Supreme Court, in . pfooeed.
ing against the Standard Oil Com.
pany Of OHIO. reorganizsd the Stand
ard Oh Company Of New Jersey
TO take oyer their interests and
to secure monopoly. EVIDENCE Of
rebating. Of price cutting and Of the or
g~anizstion Of secret concerns to pose as
independents was elected to show that
the Standard WA seeking by unfair
means to restrain trade and 70 procure
9 monopoly.
Ne c~sasp1sey
"standsrd GU introduced evidsncs
TO show that there had never been such
. conspiracy. Il sought 70 prove that
she Ohio Supreme Court did not hold
the srust agreement Of 1882 void, but
merely required the Standard Oil Com
pany Of Ohio TO withdraw from the
"trust." Evidence wAs produced TO
show that Relating had been the order
Of the day among all commercial con-
oerns. that prios cutting and secret Don.
Germs were not the rule and were used