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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (July 12, 1907)
rf.' ffctvtVf K.P,W V 4 The Commoner: -YOIiUME 'OTMBER 2 r WHAT JOHN D. ROCKEFELLER DON'T KNOW Referring to the proceedings before Judge Landls of Chicago the Chicago correspon dent for the Cincinnati Enquirer said: "If Rockofoller does not come willingly he will her brought. An order to a United States mar shal to 'attach the body of him, the said John D. Rockefeller, and bring it, the said body, be fore the said district court,' will be the further procoedfngs if the oil king does not appear upon the date named. With an attachment United States marshals will bo empowered to batter in the doors of the trust magnate's home and take him prisoner. They will have authority to bring him to Chicago manacled, and it will be in Judge Landis power to at once commit him to jail for contempt. Those are the questions John D. will bo asked: 'Who owned the stock of tho Standard Oil company of Indiana while it was rebating with various railways?' 'What were Its earnings and dividends during the period?' 'Which is the holding company, and what is its stock?' 'Who held the stock of tho Union Tank Lino, controlled by the Standard Oil company?' Tho issuance of the subpoenas was the direct' result of tho refusal of the attorneys of the Standard Oil company yesterday to supply Judge Landis with information he requested regarding the financial condition of. the company. The at torneys declared tho information should have beon sought at the time of the trial, and that tho request of Judge Landis Was extrajudicial fnd unwarranted. The judge replied that he was entitled to the information and intended to have it, and directed District Attornoy Sims to prepare subpoenas for officials who might have the information desired by tho court. The Stand ard Oil company was indicted on the charge of, using illegal freight rates tendered to it by the Chicago and Alton road, and after a long trial was found guilty on 1,462 counts of the indictment. A maximum fine of $20,000 1s al lowed on each count, making a total -possible fln.e of $29,240,000. Before passing sentence Judge Landis announced it was his custom to proportion the line according to the financial .condition of the person or corporation convicted, and asked for specific information regarding the - financial condition of the Standard Oil company. This information he haq-bcon usqWo te obtain up to date and the subpoenas issued today wero tho consequence." An Associated Press dispatch from Cleve land, Ohio, July 1, says: "United States Marshal Chandler was an early visitor today at Forest Hill, the suburban homo of John D. Rockefeller. Chandler, however, did not get farther than the lodge at the entrance of the estate. Patrick Lynch, the lodgokeepor, de clared positively that Mr. Rockefeller was not at Forest Hill. A carriage entered the gates about this time and the marshal stopped it long enough to inspect tho occupants. Mr. Rocke feller was not in it, and it proceeded up to the Rockefeller residence. Marshal Chandler, upon being questioned if he had a subpoena for Mr. Rockefeller, declined to discuss the subject., From an authoritative sourcq it was. lqarhed to-' day that Mr. Rockefeller expects to spend the Fourth of July with his, family at Forest Hill. He possibly will arrive tomofrpw. A member of the household said today that when Mr. Rock efeller arrived it would not be necessary for a process server, federal or otherwise, to search for him, as Mr, Rockefeller undoubtedly would make his presence known to officials desiring to serve him with subpoenas." After United States marshals through out the country searched for John D Rockefeller ho was finally located at the home of MS son-in-law at PUtsfieJd, Mass. The following iU!Paich.,Tr2m renbush, Wis., may be "inter esting: "Judge Kenesaw M. Landis of the Unitod states district court of Chicago, who is spending ? i S?yf ?qr? ith hi8 f Sead' Dr- Gary, said today that he had received numerous requests for information relative to the report that John ivT ii i ,ru '-wquesiea permission to make d?sition n Massachusetts, instead of- coming mnSiSPRii0! giT Persona1' evidence in the Standard Oil inquiry now under way before Juqge Landis., The judge said .he had received no suph request from Mr, Rockefeller, On tho contrary, he had sent the following message to the United Statds marshals in the districts of New Jersey New York arid Ohio: 'I have re ceived wor.d that a sub,poen& ts served on John D. Rockefeller nt Pitiafletf. Mass., on the ater ndon of July 3. I have alsb received the fol lowing message from Pittsfield, dated July 3: 'I understand that a subpoena has been Issued for my appearance at Chicago on Saturday. No subpoena is necessary, I will be there. John D. Rockefeller.' You will therefore make no further effort to serve processes. Kenesaw M. Landis.' Judge Landis further said that ho gave out a copy of his instructions to the United States marshals to put an end to what appeared to him to be an epidemic of hysteria about a Very small matter." John D. Rockefeller was a witness before Federal Judge Landis July 6. Following are ex tracts from the Chicago Record-Herald's report: "Secrets for years hugged to tho breast of the Standard Oil company were laid bare to Judge Kenesaw M. Landis yesterday in the pres ence of John D. Rockefeller. The court room scene bordered on the dramatic. "Mr. Rockefeller himself was evasive in . the extreme. He was merely the nominal or 'honorary' president; of the Standard Oil com pany, he said, and his connection with the great corporation was such that he knew little of its actual affairs. He was not even sure as to dividends. "It was from Mr, Rockefeller's associates that Judge Landis wrung the information which he desired to enable him to fix the fines to be assessed against the Standard Oil company of Indiana, a subsidiary organization to the parent trust. This company stands convicted on 1,462 counts of accepting rebates from the Chicago and Alton railroad. "An unwilling witness, Mr. Rockefeller was finally placed on the stand after an eleventh hour legal battle, in which John S. Miller, Moritz Rosenthal and Alfred D. Eddy, attor neys for the Standard, Oil company, made a final plea to save the oil magnate from the ordeal which followed when the court overruled their motion. "Judge Landis brought out from Mr. Rock efeller, and the testimony of the four other wit nesses, Frederick A. Wann, Harry B. Jelton, E. M. Stanton and ,Char.les M. Pratt, revelation's concerning the Standard Oil company that far outstripped facts heretofore known concerning the oil corporation. "So important were these admissions, all of which were made under pressure, that the Standard Oil company of New Jersey now is open to indictment, and may be prosecuted by the federal authorities of that state, should they see fit to follow up the lead. "The examination conducted by Judge Landis brought out the following points: That the Standard Oil company of New Jersey is liable to indictment; that the New Jersey cor poration holds $495,000 of the $1,000,000 of the capital stock of the Standard Oil company of Indiana; that in addition to the rebate of six cents upon which the indictments are based the Standard Oil company received a Tebate of three-fourths cent a mile from the Union Tank line on each car between Whiting, Ind., and East St. Louis; that the outstanding capital of the Standard Oil 'company of New Jersey for the years 1903, 1904 and 1905 approximates $179,800,0,00; that dividends paid on the capi tal stock of the holding company approximates nearly forty per cent of the stock; that tho Union Tank Line company with a capital stock: of $3,500,000 is $5,000,000 in debt and has paid no dividends since 1901; that this company is controlled by the Standard of New Jersey ,; "The court did not touch on any question which might be made the basis for an immunity plea. , " 'J?,hnx D" Rockefeller,' "said the court, after a slight pause. "Intense silence prevailed and eyes were riveted on the little man, wearing a gray wig who stooped, picked up his silver-mounted cane and arose. But before Mr. Rockefeller had ad vanced three paces Attorneys Miller, Eddy and Rosenthal were on their feet and without look ing to see whether Mr. Rockefeller had heard the' 'summons they grouped themselves before HeAb,a! Anticipating a final plea for clemency, District Attorney Sims and Assistant District Attorney Wilkerson joined the Standard Oil law yers, and then there followed a dramatic fight V ula likG t0 brinB a matter to the attention of the court at thfs time," said Mr Miller. A conference in low tones, participated in by the five lawyers, followed, and then slowly tho counsel filed to their respective seats. "And again there was a general craning of necks and there were many, In the court room who believed that perhaps after all Judge Landis had decided to relieve Mr. Rockefeller of the ordeal. The oil king, nervously fingering tho heavy gold watch chain that hung on his white vest, leaned forward to catch the court's de cision. It was a crucial moment for him. " 'John D. Rockefeller will take the stand ' said the court, and Mr. Rockefeller arose'. Tuck ing his cane under his arm, he picked his way through the lawyers and Standard .Oil officers He slowly mounted the platform upon which was the witness chair and remained standing until a bailiff, touching him on the shoulder asked him to be seated. ' "No sooner had Mr. Rockefeller been sworn than Judge Landis shot out a pertinent ques tion. The verbatim questions, -answers and in terruptions while Mr. Rockefeller was on the stand were as follows: The Court Mr. Rockefeller, have you any official connection with the Standard Oil com pany of New Jersey? , A. I am the president, but the position is purely honorary, and has been for the last eight or ten years, as I have-not been rendering any service whatever. Q. Do you know what the outstanding cap ital stock of the Standard Oil company of New Jersey is? Mr. MillerBefore the- .witness answers that question I beg to interpose an objection to this purpose, and specifically for the purpose ?Z 1 standard Oil company of New Jersey, that the court has no right or power to inquire I?.0 ?at uestion and the method of getting A?. s case amounts to an unreasonable search within the provisions of the fourth amendment to the constitution. The court You make this objection on the the part of Aandard Oil company of-New Jersey, or Mr. Miller Standard Oil jcompany of New Jersey especially for that jpurpose. The Court The objection is overruled. Mr. Miller Note an- exception. xt. A think tnat lt is aDut $100,000,000, the outstanding. 1 could not state definitely, your honor. f ., '; Q. Approximately $100,000,000? ' M' aa"'a751s my ldea J0 sir approximately $100,000,000 of the outstanding. ' - x, Q- Generally speaking, what is the business of the Standard Oil company of New Jersey, pro duction, distribution and sale of oil? Mr. Rosenthal We object to that upon the further ground that this is not within the lines of the Inquiry indicated by the court that you would go into. The Court The objection is overruled. Mr. Rosenthal We think that your honor Is now widening the scope of this investigation without any preliminary notice to counsel for the defense at alh The Court The objection is overruled. Mr. Rosenthal Note an exception. The Witness Well, your honor, as I have been so long out of business and out of this business I could not well answer that question. It is a dozen years since I have been at all act ively related with the affairs. It is eight or ten years, your honor, since I have even been in the office at all. - i, QA.W?at is your general impression as to what the business of the Standard Oil company of New Jersey is? . A- They have a refinery and refine oil. That was the yes. It would he Impossible fpr me to give to make an answer to that question intelligently without a study of the case. 9?a? yo,u an ImPression as to whether or not the Standard Oil company of New Jersey operates indirectly more than one oil refinery? 3yill57"J?y We interpose a particular objection to that, if your honor please, in addi tion to the others, to the one that this goes beyond the reach of any statement of either the J5 H?fiJQnasSed WM honor, or the purpose of the information, which, if J understand It, had t w 7ith the BOBttton Pr the fixing of a fine. I beg to suggest that the government has pend ing against the Standard Oil company of New Jersey and others in the United States circuit court for the eastern district of Missouri a bill in equity under the Sherman act the act of il7J' l8d27;Jn hlQh the organization of the Standard Oil company of few Jersey and this defendant company and the question of whether they have been or are engaged In a combination, conspiracy or contract Jn restraint oft trade in violation of ttiat ,acl is he main question at issue. And upon which the gov ernment is about to "seek1 and is npw seekin v i SLLA?.. fj i-fkywltfi.attfe' jV il