The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-10
JOHN D. WINS OUT
Missouri Grants, Rehearing to
Standard Oil Company.
Writ of Custer Had Been Made
Against Firm.
SUGAR CRFrK WILL EXIST
Village Near Kansas City De-
pended Upon Decision.
Latest Development of a Fight
by Ex-Gov. Hadley.

Jefferson City, May 10.-The Mis-
souri, supreme court today granted a
rehearing in the custer proceedings
against the Standard Oil company of
Indiana and appointed John Mont
gomery of Sedalia commissioner to
take testimony as to the good faith of
the company in severing it's connection
with any trusts.
The court also made an order sus-
pending the writ of custer against the
company The courts action today
brings relief to the village of Sugar
Creek near Kansas City whose very
existence was threatened by the or
der of custer against the Standard.
The inha bitants of Sugar Creek drew
their Sustenance from the company'S
refinery located there. The closing of
that refinery would take away the
employment of practically the entire
male population.
A committee of Sugar Creek citizens
made protest to the supreme court.
Similar protests were made by citizens
committee of Kansas city. Their con-
tention was that the enforcement re-
moval of the Standard from doing
business there would deprive manu-
facturers and other important indus
tries of fuel and work untold damage
to citizens.
Fight Instituted by Hadley.
Todays decision is the latest deve1-
opment in a fight instituted by ex-
Governor Herbert S. Hadley, then
state attorney general, about years
ago. On December %, 1908, the su-
preme court fined the Standard Oil
company of Indiana and two other oil
companies $4,000 each and issued
busters against the Standard and the
Republic Oil companies.
These two companies Appealed to
the United States supreme court where
the Judgment of the Missouri supreme
court was affirmed April 1. 1912.
The Waters-Pierce Oil company was
fined $4,000 which it paid and on the
promise to be good in future was per-
mitted to remain in business in the
state. In May 1912, the Standard and
Republic companies paid their tines
and the Standard asked for modIfi-
cation of judgment under which it
could continue in business in the state
so long as it obeyed the laws and the
orders of court.
Valuable Property in Missouri.
This request was denied absolutely
by decree of the Missouri supreme
court issued February IL, last. A ma !
jority of the judges at that time held
that the time had elapsed when the |
company could seek the relief desired |
The Standard company had proper |
ty in Missouri valued at more than !
So 900 900 It's Sugar Creek refinery |
alone is valued at s1,750,000 and more
than 400 persons are employed at the |
latter plant.
Urged on by the outcry from citi-
zens against the Standard custer the
Missouri legislature attempted to ale
viate the situation. State Senator
Casey of Kansas City introduced bill
asking 1eniency for the company. The
bill passed by a narrow margin put
was vetoed by Governor Major on the
ground that the bill would break
down the antitrust laws of Missouri,
which have been 25 years in the build
ing"
"Should the bill become a law"
said the governors veto MESA ge, the
state would be going through the use
less performance of thrusting the Of
corporation through the win
dow and inviting it to return by the
ton could enjoy the same p~ivilege."
Appeal ON Court Decision.
The application for a rehearing of
the custer was made by the Standard
IN several grounds. One of these was
hat the court in its decision ousting
he company stood five to two. the
hree new judges who had been elected
since the arguments were heard in the
,ase and who were not present during
hese arguments, voting to oust the
The old judges before whom
LII the arguments were heard stood
wo to two, and the company asked
| rehearing on the ground that the
lew judges had not had chance to
lear the arguments. The Standard
LIso set up that it had severed its con-
lection with the oil trust in good faith
nd offered to prove to the court that
t had done so. ,
Kansas City, May lott is a vic !
orv for the Standard Oil company of
ndiana'' said Frank Hagerman, at
orney for the company today when in
ormed of the supreme court decision
n the oil custer case.
1.-The company will be able to salts
V the courts commissioner that it has
20 connection with any trust
Mr.. Hagerman said he was gratified ,
hat the investigation of the company
ad been left in the hands of $50 cap
BILE man as Commissioner Mont