The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-16

by the chief Justice to he as follows:
AIBecause unihcation and power OF
control over petroleum and it's products
which was the Inevitable result of the
combining In the New jersey corpora
tion by the increase OF its stock and the
transfer 10 il OF the stock of The many
other corporations aggreeatine so vast a
capital give rise, in and of itself, In the
absence oil chief countervaiine circum-
stances. TO say The least, to the prima
facie presumption of intent and purpose
10 maintain the dominance over the oil
ln9ustry, not as result of normal meth
DDS oil industrial developments but by
means Of combina lions which were re-
sorted TO in ORDER that greater power
might be added than otherwise would
have arisen had normal methods been
followed the while with the purpose OF
excluding others from the trade and thus
centralizing I'm The combination per-
petual control of the movements OF pc
| troleum and ITS products In the chan
| nsls of interstate commerce.
|. "B-Because the prima facie presump-
| ton of intent TO restrain trade 10 monop-
] oliZe and to bring about monopoiization
resulting from the act Of expanding the
| stock OF the New Jersey corpora ton and
! vestins II with such control of the oil
, industry iS made conclusive by constd-
| erine. first, the conduct OF the persons
or corporations who were mainly lnstru-
mental In bringing about the extension
Of power in the New Jersey corporation
| before the consummation of that result
and prior to the formation OF the trust
| agreements OF 1879 and 1882. second. by
! COnSln@r10S tne PROOF as 10 what was
| done under those agreements and the
| acts which Immediately preceded the
veStins OF powers In the New Jersey
| corpora ton as well as by weighing the
! corporation has heen eNerted and the re-
suits which have arisen from it,"
Cutting Remark of Chief Justice
| In suhjecting Ia scrutiny the acts and
doings OF the Standard on company In
the long distance past for the purpose of
getting assistance in discovering intent
and purpose, Chief Justice White left a
cutting remark:
I'VE think no disinterested mind can
survey the period in question without
being irreSstibly driven 10 the Conclu-
sion that the very genius for commercial
development and organization which it
would seem was manifested from the be-
ginning soon besot an intent and purpose
to exclude others. which was frequently
manifested by acts and dealings wholly
inconsistent with the theory that they
were made with the single conception
of advancing the development OF bust
ness power by usual methods. but which.
on The contrary, necessarily involved the
intent to drive others from the field and
to exclude them from their rights to
trade and thus accomplish the mastery
which was the end in view.
And, considering the period from the
date OF the trust agreements of 1879 and
1882 up to the time OF tho expansion OF
the New Jersey corporation. the gradual
extension of the power over the COM
OF the supreme court. Of Ohio, the tardi-
ness and reluctance hi conforming 10
the commands of that decision. the
method first adopted and that which
finally eliminated in the plan OF the New
jersey corporation, all additionally served
TO make manifest the continued existence
OF the intent which have previously
Indicated and which among other things
impelled the expansion Of the New Jer-
sey corporal ton.
Monopoly Was Intended
THE exercise Of the power which re
suited from that organization fortihes |
the foregoing conclusions. since the de-
velopmcnt. which came, the acquisition
here and there which ensucd of every
efficient means by which competition
could have been asserted the slow but
resistless methods which followed by
which means Of transportation were alb
sorbed and brought under control. the
system OF marketing which was adopted
by which the country was divided into |
districts and the trade in each district
in oil was turned over TO a designated |
corporation within the combination and
all others were excluded. all lead the
mind up to a conviction OF a purpose and
intent which we think is so certain as
practically to cause the subject not to
be within the domain of reasonable con-
tention.
''The inference that no attempt TO mo-
nopolize could have been intended. and
that no monopolization resulted from the
acts complained of. since IL is established
that but a small percentage of the crude oil |
produced was controlled by the combina-
tion, is unWarranted, AS substantial
power over the crude product was the in
evitable result of the absolute control
which existed over the refined product. |
the monopolization Of the one carried
with 1t the power to control the other.
ton suggests were developed which we |
deem IL unnecessary TO do, they might |
well serve to add additional cogency TO
the presumption of intent to monopolize |
which we have found arises from the un-
questioned proof on other subjects.
The Remedy Discussed.
Finally the chief justice came to apply |
the remedy. He said that ordinarily |
where violations OF the act were found |
to have been committed 1t would suffice
TO enjoin further violations.
In a case, however, where a monopoi- |
Zation or attempt to monopoliZc was es- |
tablished, or the existence of a combina-
was a perennial violation OF the statute |
further relief was called for.
The lower court, he pointed out, had |
effect. directed its dissolution, Second.
forbidden the New Jersey corporation |
from exercising any control by virtue of
its stock ownership over the subsidiary
porations from recognizing in any man
ner the authority or power Of the New
Jersey corporation by virtue OF such
section of the decree the subsidiary cor
porations. after dissolution, from doing |
any act which could create an illegal |
combination. Fourth. enjoined the New |
Jersey corporation and all the subsidiary J
corporations from doing any business in |
interstate commerce pending the disso !
luton of the combination by the accom- |
plishment Of the transfer Of stocks. which |
the decree In It's essence required and
fifth. gave thirty days TO carry out the
direction of the court.
Decree Modified.
| The court said that decree was right
and should be affirmed except as to
what Is termed "minor matters" One
| OF these was the extension Of the time
! the decree should be put into effect from
one month TO six months. The other
modification was more important. and
had TO do with the sixth section Of the
decree, which forbade the formation by
the subsidiary corporations OF the stock
holders Of like combinations. I'VE con-
strue the sixth paragraph of the Decree,
| said the clef iualice moi lcnIi wing