The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1912-05-11

different view, while the later and
unanimous decision of the Supreme
Court of the United States in the
Hartman case expressly approved
the pro rata distribution among the
stockholders of the Securities com
pany OF the stocks of the two com
petitive railroad companies.
when, then, President Roosevelts
Attorney General Mr.. afterwards
Justice) Moody, prepared the petl.
ton in the Standard Oil case, which
constituted the second attempt to
enforce the law against one OF the
great Industrial combinations, he, af.
ter setting forth the history Of the
great monopolistic combination, spe-
officially prayed that the ownership
and control over the thirty-odd subs-
diary corporations whose stocks we're
held by the Standard Oil company of
New Jersey, exercised by means NJ
that stockholding, be adjudged I'M
lawful; that the New Jersey company
be enjoined from exercising control
! over those corporations through that
| stockholding, and from exercising or
I enjoying any of the rights incident to
stock ownership in them, either by
, way of reception of dividends or vot-
ing, and that the defendants, includ.
ing the New Jersey company. the
subsidiary corporations, and the
group of individuals alleged to con.
troll the New Jersey company, he per.
petually enjoined from continuing the
| combination; and from entering into
any other combinations in violation
OF the act, either by placing the con.
troll of the said corporations in the
hands OF any other corporation or per.
son, or contracting together or with
others with respect to the control of
such corporations, or in respect to
the purchase, shipment, transporta
ton, manufacture, sale, and distribu-
ton Of petroleum and its products, or
by agreements as to the price at
which such products should be pur.
chased or sold. or the persons or cor.
porations to whom, or the territory
In which they should be sold, or other.
wise disposed Of, or as. to the amount
or quantity which should be sold, pur-
chased, shipped, manufactured, or dis.
posed Of; or by agreeing with one
another with view to the imposition
OF any burden or condition upon the
production, transportation, manutac.
turc, or sale of such product. II is
apparent that this prayer was some.
what CT en- advance upon that in the
Northern Securities case, in that it
asked not merely an Injunction
against the continued holding by the
principal company of stocks in vari.
GUS subsidiary companies; but in.
functions to prevent the formation of
new combinations among the compan.
les whose stocks were so held, and
against certain specified agreements
which would restrict free competition
among the companies. It is also ap.
parent that it asked the utmost that
Attorney General Moody and his
able assistants thought It possible for
the courts to grant.
The decree of the circuit court
Substantially followed the prayer of
the Till. II especially provided that
the defendants were not TO be pro
hibited by the decree from distribut,
ing ratably to the stockholders OF the
New Jersey company the shares to
which they were equitably entitled in
the stocks of the various subsidiary
corporations parties to the combina.
tion. 1t specifically enjoined the car.
rying into further effect of the com.
biz alton adjudged to be Illegal or
any like combination, either % by
the use of liquidating certificates, etc,
or the placing of the properties or
siocfs of the competitive corporations
In the hands of trustees, or 90 by
making any express or implied agree.
ment, together or with one another,
like that adjudged illegal, relative to
the control or management of any OF
the corporations, or the price or
terms of purchase, or of sale, or the
rates of transportation of petroleum
or its products in interstate or inter
national commerce, or relative to the
quantities thereof purchased, sold,
transported, or manufactured by any
of the corporations which would have
a like effect in restraint of commerce
among the States, etc, to that of The