Friday, November 20, 2015

On This Date in Minnesota History: November 20

November 20, 1909 – Declaring the Standard Oil Company a “combination and conspiracy in restraint of, and to monopolize commerce among the states and with foreign nations,” in violation of the Sherman Anti-Trust Act of 1890, the U. S. Circuit Court of this district handed down a decision simultaneously at St. Paul and St. Louis granting the government’s application for an injunction against the further continuance and operation of the colossal corporation.

The injunction becomes operative 30 days from the time of the filing of the decision, or on Dec. 20, unless suspended by an appeal to the U. S. Supreme Court.

It was announced at the offices of the Standard Oil Company in New York immediately after the news of the decision had been received that an appeal would be entered at once.

The decision constitutes a complete and sweeping victory for the government after a legal battle lasting three years.

The Standard Oil Company of New Jersey—the parent corporation—John D. Rockefeller, its founder and chief stockholder, six other high officials and all the subsidiary corporations composing the trust are enjoined from continuing or carrying into effect the “illegal combination” they have formed and also are enjoined from entering into any like combination or conspiracy the effect of which will be to restrain interstate commerce in petroleum or its products. Further than this the decree forbids the defendants from engaging or continuing in interstate commerce until they discontinue their illegal combination.

Effect of the Decision
Though the company is not put out of existence the powers that enabled it to operate the oil monopoly are taken away. The company can no longer vote the stock of the minor companies. It cannot control their directors or officers and the minor companies cannot pay dividends to the parent concerns. Further, the defendants to the original suit are instructed that they must not again form a combination that will be a monopoly of the oil business.

Judge Walter Henry Sanborn of St. Paul, the presiding judge, wrote the opinion and the decree, in which all the judges concur and sent them, with a concurring opinion of Judge Hook, to Judge Adams at St. Louis, who filed them and entered the decree in that city.



Judge Walter Henry Sanborn1


One of the attorneys that argued the case for the United States was Frank B. Kellogg of St. Paul.




Frank B. Kellogg2


On May 15, 1911, the US Supreme Court upheld the lower court judgment and declared the Standard Oil group to be an "unreasonable" monopoly under the Sherman Antitrust Act, Section II. It ordered Standard to break up into 90 independent companies with different boards of directors; the biggest two of the companies were Standard Oil of New Jersey (which became Exxon) and Standard Oil of New York (which became Mobil.*


New Ulm Review; “Enjoined From Doing Business. Standard Oil Company Declared to Be Illegal by Federal Circuit Court. Three Years in the Courts. Case Has Been Bitterly Fought by Rockefeller and His Associates.”; Nov. 24, 1909; p. 2.

*
http://en.wikipedia.org/wiki/Standard_Oil
1http://www.epsomhistory.com/epsom/biography/sanborn.html
2http://en.wikipedia.org/wiki/File:FrankKellogg.jpg
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