St. Louis Post-Dispatch
December 23, 1908

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ae e neem " Attorney-General Hadley Says | Propositions Were Made Several Times. | NOW RESPECT THE LAW

"Attitude of Corporations Changed Since Litigation ‘Was Commenced. a a Staff Correspondent of the vs From tc ag , - . JEFFERSON CITY, Dec. 23.—Attor- _ ffey-General Hadley today made the fol- Jowing statement on the Standard Oi! - decision: . “At least three efforts have been made by attorneys for the Oil Trust to get me ' to compromise the cases. I have in- ¥ariably told them that I was not a @ourt, and that the ultimate decision would have to be made by the courts in- _ gtead of by the Attorney-General. . “It was intimated to me that the oil % companies were willing to accept a good, . apeigget and concede a victory to the +. Be The proposition was never re- _ ‘@uiced to details, as I always told the Sawyers who suggested it that I would ‘fet accept any compromise. The com- ‘promise propositions were entirely legiti- ‘Mate, and such as might be made in “any other kind of litigation. I think ~ ell the lawyers identified with the case, except Judge Priest, spoke to me about es ‘the matter at some time or other during progress of the litigation. = fight has been a long one and a hard One. It -is difficult to realize in this | of complete deference to the law on part of the owners of the large in- au the fierce oppo- trial corporations, : and studied Insolence which ef- forts to get the facts in this case were Met three years ago. “At the time this suit was begun and _ prosecuted there was not a suit against the Standard Oll Trust pending in any > 7 —F te A u Fears ht ‘ - Pe at ;, ” . hi gl a Br eS aA ces ev nad et a Sn creel ema ow ig oF gl ae Lies - —_ “ . ’ 3 HE court finds thé facts to \. be that the Standard: Oil Co. ~ of, New Jersey has a me: italization of $110,000,000; the Standard Oi] Co. of Indiana, $1,- 500,000, the Waters- Pierce, $400,000 and the Republic, $350,000; that the New Jersey company owns ractically all the stock of the In- iana company, 60 per cent of the stock of the Waters-Pierce com- pany, and all that of the Republic company; that H. Clay Pierce owns 40 per cent of the Waters-Pierce stock; that practically all the of- ficers of the Indiana company, the Republic company and the Wa- ters-Pierce company are either of- New Jersey company. Continuing, the opinion says: “Prices for the products of pe- troleum, especially refined oils, il- luminating and gasoline, are fixed by the Waters-Pierce company. It sends out to the trade card quota- tions, giving tank, wagon and bar- rel prices. As a rule, those pricés are followed by all other oil com- panies, including the independent companies, doing business in this State, As long as the independent companies do not reduce prices or imcrease the aggregate amount of their sales’ above 10 or 15 per cent of the entire amount of the sales made in the State there is no war ¢ uvon them regarding prices. But whenever any independent company reduces prices below those fixed by Weaters-Pierce or when- ever their aggregate sales ex- ceed 1% ‘per cent of all sales made in the State a vigorous warfare is waged against them, chiefly through the Republie com- pany, by’ “means of an elaborate system of espionage in their busi- ness and cutting prices or giving rebates until the independents are - glad to throw up their hands and say ‘enough’ and de contented to sel oil at the prices and in the quantities prescribed by the Wa- ters-Pierce — and acquiesced in by the Indiana and Republic companies.

ND as a result of this meth- od, the Waters-Pierce com~- ny fixes the prices for which alt call oils are sold in the State by all dealers, including the independent companies, and at the same time and by the same means

ficers, directors or employes of the. i. ae . ‘ re . $ " " fee: : seas Oa fs ne Sag ede rs ‘ae eS “a? : - ’ Pitillett a Lie ee — ~-s : id : e » e,. = ewe : P so ’ ; Competitors, Says Court it controls and monopolizes for it- self and the Indiana and Republic oil companies from 85 fo 95 per cent of the entire oi] business of the State. A “indiana,” Republic and Indiana, Republic and Waters-Pierce companies were paid either directly or indi- rectly into the treasury of the New Jersey company, except, how- ever, those w were paid on the 40 per. cent of the stock of the Waters-Pierce company owned by Mr, Pierce.\ Those dividends were paid to Mr, Pierce, which were about 700 per cent per annurh on the capitalization of $400,000. This $400,000, however, was not the en- tire assets of the Waters-Pierce company. Its total assets amount- ed to about $12,000,000, which sum, if added.to the estimated value of the ‘name and good-will’ of the concern, the total assets would ‘be swollen to the sum of $45,000,000. : HE common interest run- je ning. through all of these eompanies ‘is responsible for their formation and business schemes and policies, and lead up to and induce the Standard inter- est, including the respondents, to divide the State in twain; to fur- nish oil and (transportation for each other; to decline to sel) to or to transport oils for the inde- pentente and to fight them with he Republic company by a sys- tem of espionage and rebates. “The direct effeet of those facts which are not seriously disputed, was to create, by indir€ction, pool, trust and combination in re- straint of trade, and to fix and maintain prices at which respond- ents sold the products of petro- leum in this State, “In the case at bar the New Jer- sey, the Waters-Pierce, the Indi- ana and the Republic companies were all parties to the conspiracy charged in the information, and whether formed-in this State or not is weg | immaterial, for clear- ly all of them, except the New ersey company, sold the prod- uets of petroleum in this State in pursuance of that conspiracy and in violation of our anti-trust laws, anid are thereby rendered amenable to the penalties thereof.”

Judge Lamm, in his separate opinion, concurring in the holding of the other judges, but urging greater punishment for the Waters-Pierce Company, says: “If the Court, in administering pun- ishment, may look within the body cor- porate and see the individual stock- holders and comment on their tentative positions in the inception of corporation enterprises, and mete out justice, not as it may affect the body corporate, which is a party to the litigation, but the in- dividual shareholders, who are not par- ties, then at least it should not be lest sight of that the same record that shows the minority stockholders of the Waters-Pierce Company at first protest- ed, also showed that they finally con- sented. , “Did these mniority stockholders in- voke judicial aid in any court open to them to prevent a consummation of the unlawful purpose of the Alleged wicked majority? Not at all. Did they ever give open cry to their protest and call to their aid the foree of wholesome public opinion? No. Did they refuse to take an even pro rata of the illicit fabu- lous ns arising from the unlawful combination? No. Have they got these gains in pocket now? Yes. Do they of- fer restitution? No. “Until such time as it will be writ- ten as a precept of law that the allow- able way to defeat temptation is to give way. to it, or until it be written in the law that the alluring enticement of great gains forces the tempted one into deing an illegal act and takes the edge from a willing participation in an ille- gal act. I am not willing to extend such judiical sympathy. ; “To suspend the judgment of ouster on payment of a fine, conditionally, upon a showing of corporate fidelity to law is well enough, but the punishment is too light for such conspicuous, profit- able, deflant and long-drawn-out viola- tion of our anti-trust statutes. Justice should not be spectacular or capricious, but as this defendant made millions of illegal profits, its fine should be meas- ured by its’ own stamdard in order to be felt and appreciated. . ‘I am therefore of the opinion that the amount of its fine should be fixed at $1,000,000. The fine of the Standard Oil Co. of Indiana should be increased and the ouster changed from an abso- *”.—Testimony begun in St. Louls, continuing till June 23. Ad- journed until June 2. June 2.—Attorney-General Hadley asked for an order compelling Wa- ters-Pierce company to produce books and records. Order made. July 11.—Company refused to pro- duce books on ground that order was unconstitutional. July 19.—Refusal argued before commissioners; decision postponed until Oct. 17. EPT. 28 — Attorney-General Hadley filed petition in Su- preme Court to compel Re- public company te produce stock- book. Order made. Oct. 10.—Republic company filed motion denying that the Court had jurisdiction to make this order.’ Oct. 17.—Hearing of testimony re- sumed. Adams, Waters-Pierce secre- tary called as witness, and attor- neys argued as to whether he should be compelled to produce books and records. Further hearing of argu- ments and testimony adjourned till Nov. 14. Oct. 31.—Motion denying jurisdic- tion in regard to hearing of witnesses and production of books and records argued before Supreme Court. Nov. 14.—Taking of testimony in St.

“BOHEMIAN KING” BEATS Charged With Disturbing Peace He Cets Off on Technical Pie. Frank Matouschek of 1911 South Blev- enth street, known as ‘the Bohemian King,”’ was in the Clark Avenue Po- lice Court Wednesday charged with dis- turbing the peace. It was asserted by the defense that

lute one to a conditional one.”’ ee EL SOE the complaint against touschek was

and by the courts. We, therefore, deem

a

POLICE IN TRAGY’S COURT |: '

‘. pak Btate or Federal court. The facts as es GENTLEMEN: Tarbell, and the best informed men on . Wall street and they could give. me no For some time your wives, daughters and other loved ones have been selecting beauti- ful Christmas gifts for you at “‘Jaccard’s.”” You have doubtless ae a and possibly overlooked ° u.

Mermod, Jaccard & King, Broadway, Cor. Locust “America’s Greatest Diamond House.” ; \

“Lowest Prices in America for Fine Goods.” : # 4 a en a 5 a an 7 % LS aa 3 . z a 4 - ‘ ww a 4 6 Fy 1s some purchases of gifts for one or more of those near and dear to yo re- od ' x, mains for choosing. The ladies appreciate and treasure above all others the gifts—especially some beautiful bf Diamond creation or dainty Jewelry—purchased at ‘‘Jaccard’s.”’ You should therefore take agventnae & the opportunity | offered you this evening, tomerrow and up to 11 o’clock tomorrow night, to select from our extraordinary colleetion of beautiful and distinctive. aha, now being

~~ penaed the officers of these companies rere in Missouri and they either said _ that they did not have the informatjon _ Gesired or else they declined to answer On the ground that their answers would _ tend ‘to incriminate them. ' Get Facts First Hand. * “I then went to New York and sub- 4 -H. H. Rogers, John D, Arch- = and other leading officers of the ard Of} trust, with the result that now a part ofthe history of the that has been waged in recent . Se by the State and Federal Govern- > «ments to compel our large industrial - @ombinations to conduct their business im accordance with the laws of the Open Evenings Until Christmas.

information upon this question. I sub- nd now just one final da (tend. _ “The decisive issue in this contest was ' , Whether the officers of a corporation _ + could be compelled to disclose the plan — pon which the business was organized _ @nd conducted, even though that fact Es Wo tend to convict the corporation _ f a criminal offense, or subject it to a penalty and a forfeiture. “What decisions there were upon this “J ne ae -—- a o-- ~- eme, shown at our main store and annex. We suggest: Fine Diamonds Hall and Mantel Clocks Watches Solid Silverwares Cut Glass Silver Plate _. Art Stationery Chinawares Gold Jewelry Leather Goods Opera Glasses Sheffield Plate its Fine Cutlery ' Bohemian Crystal Silk Umbrellas Brass Goods Marbles Vases ine Diamonds for Xmas Gi AMA, | Bronzes Blectroliers Question seemed to support the conten- on of the defendants that they could t be compelled to furnish such evi- mee. But within one week the Su- me Court of the United States in ® Tobacco Trust case, and the Su- ‘ome Court of Missouri in this case Hecided that this claim of immunity ould not be successfully invoked in be- mit of @ corporation, that it was a feature of law, and that it must an- _ ®Wer to the State in any proper pro- © @eeding as to whether it was complying rae olid Silver for Xmas BEAUTIFUL gifts for the home and personal nse, We have : of Silverware, and that is the sng | best. This is wey so | ,valueis fC placed by recipients on the gifts that bear the m t of ‘‘Jaceard’s.” Our § consistent superiority of quality is made more désirable by the unusual ae. of the 7 the faultless workmanship and skillful engraving, ] prices add to the pleasure of selecting at ‘‘Jaccard’s.””

WZ Solid Gola a is ay Ring, with 1 ar te beautiful pur- EF Sia ple pearl in center, sur- rounded by brilliant white dina@- monds. $j ? 5. Price. . h the laws under *which it had been Cirelet Dia- mond Ring; perfectly matched dia. monds; solid gz old mount- Princess Di a- mound Ring; turquoise in center; many diamonds sur- round $75. it. Solitaire Dia- mond Ring, in a fancy, hand- made, solid gold mounting;

mond Ring; 15 brilliant diamonds, mounted in St Could Have Compromised, er "These decisions have been of con- i por ta a. trolling importance throughout this cn- dine solid neta tre controversy, and have contfibuted mounting; sold largely than’ any other influence price -$ 100. gold. $1 15. + } Solid Silver a iS te Teaspoons Re eneduct their business in accordance , . 5 ‘s . : r) 4 : “ tne court en. Setperatse upon this Pe es sr As . seh: df In our beautiful“ Duchess” | a] 6=s pattern, as illustrated, ise for 14 months, and its decision Per Set of $5.00 be accepted as a fair and deliber- six a oe oS OF. ‘Ste judgment after full investigation N ideal set for @ Christmas } ind ¢ tion. The’ satisfaction that feel in the final result is the realiza- fon that my work has not been a eless one, and the satisfaction that ift. Itisa beautiful pat- | git. A pat citizen ought to feel from the fact | that it has been again demonstrated tern, graceful and not too ' that the lew and its ‘s are equal ornate. The superior finish x to any problem that our complicated these Spoons cannot be dupli- | cated. i We carry in stock an isfinite variety of patterns 17 solid silver Tablewares, ati can a omn system can produce,’ and ' that-no combination of-money and of power is above the law or will be per- hitted to violate it with impunity."’ gp Rade said he was much gratified ve State's victory in the oil cases. j 2 suit you both as to Aesign T am greatly pleased at the victory and price, the la rang- ing upward from $300 for a set of 6 Teaspoais in a silk-lined case. : We will prepare tases of solid Silverwares: to your a* Diamond Dinner Ring: in the center are four fine em- eralds; they are sur- rounded by two rows of fine ~ diamonds 750 Three Fine Pearls, the center one pink, the other two white are sufrounded with fine diamonds ....921 De diamonds Faney Diamond Claster Ring; 32 fine white diamonds sur- round one brown din- mond in center; mounted in $390. platinum in gold and perfectly cut $175.

ae Diamond, Pearl and Topaz La Valliere; this is a splendid ex- ample of the original work done by our designers, gold- smiths and diamond setters; these beautiful gems are mounted im molid’ $125. num; cola chain... 9210, inum; gold chain... Magnificent Diamond PDinecr Ring; ‘ 88 amatliier diamonds Diamond Stud; a fine white diamond; , per- fectly cu? and artia tically WZ Diamond Horse Shoe and Whip; mounted with 26 diamonds; Whip is solid gold and the‘ diamonds in the Horse Shoe are meunted in platinum; four diamonds in the $ ] | § ° _ Of the State," said Gov. Folk. “It is a handle the whip Vindication of the Missouri statutes, and / am glad the court has handed down @ decision it has,” : eeeeee 7

a 4 » “ys + ~ % > *' eek >. : : Gg part a a Re eh ?F ’ “phe ‘+ ‘Rex > * rake hd A ch est ae’ ' iby é : s 7) > : . — —_ ane 2 ™ . ' x mye te a) oe oe tk Sie oe a el OT tag SO Bw “he al or der . n oak - , 3 Pt zc Saad ae ale ee ta ER 4 4 } a _— % wee : e t= , ae -— . = oa aad on sok een 7: a ie “Cee BR et eee ae a . 3 a: - Pek, ,; 4 q : ; i ’ ’ “q 7 ine Bt bs : , : : >. mS ' = ’ 5 =a 7 > ze “be vw = ie a ? : , “Aa, os ; : = se Zp “ ; eae, Se ood so we e 6 es - 4 “ G ~ Bo 5 oe - = Soe : -¢ P a . “ . 5 - 4% oa. & “1 — _ 1 ~_ = i stile at i ih A R ue maa Aes a ee x fag a7 y hath? , oe ere - >: ee 2 a a >a x. io iii % l ? o , ‘ te 3 . in . . ' M ¥ ° « 7 #. Pp, q ~ 3 ¥ 7 - 4 Y ope = $n . = a ‘i x - bs. as on % A + . Baltes y ‘, z . _ 7 a : _ z we. mounting .. containing 6 T a Sugar Spoon, a’ Cream La- | dle and a Butter Knife of our ‘* Duchess”’ pattern will $15.00. =e

é ae ce i he ee ae a sibetty & Boek mountings this is 7 suinute e- $7.50, tiful Christ . 1m , Fle. snineeain 4 a. ve r - : 4 ‘ a 7 - a § ‘ se o te & e- : PP aes Shite’ ° : . 2 . ve 4 ; . * OE aaa ge oe ho SOM ot ed ae he Re ne 3 x a * - _ " in ad e: - 5 Bao See) ae Nts Lee. ne ey

. - ei ; ' : a "4 Be —s . . = 4 7 7 7 ” . . see Tae ae 3 ca 4 a t: P, be le > > ae &. 5 pe — a , ie Sa i ee 7 Se Ste ; i 4

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