Standard Oil Company; Trusts, Industrial -- United States
In this case the trust asked the New York courts to deny Rice his
rights because he had in other matters, and as to other parties,
appealed to other courts. His other suits had been against the
railroads, not against the oil combination. He acted on the defensive,
and went into court only to save himself from commercial strangulation.
In all of them that went to trial he was successful, with but one or
two exceptions. He was so successful that even the judges who heard his
case and decided in his favor were moved to outbursts of unaffected
indignation on the bench. The only result aimed at or procured was that
the courts decreed that these common carriers must in the future give
this citizen his legal rights on the railways; not that he must have
the same rates as his opponent, but only that the difference in their
favor shall not be "excessive," "illegal," "unjust."
Because of this attempt to secure the fair use of the highways side by
side with it, the trust pleaded in the Supreme Court of New York that
his appeal to courts as a shipper was a reason why the courts should
withhold his rights as a stockholder.
In making this plea the trustees described themselves as having been
for years persecuted by the independent of Marietta, and moistened the
dry pages of their legal pleadings with appeals for the sympathy of the
courts and the public. He has "diligently and persistently sought to
become acquainted with" our "methods of business and private affairs;"
"he has used efforts to injure" our "business"; "he is attempting to
harass, injure, and annoy" us; "he has ever since ... 1876, when he
first engaged in business, ... maintained a hostile attitude, and
been engaged in hostile transactions and proceedings against" us, ...
"for the purpose of injuring" us and our "business"; he "has been
uninterruptedly prosecuting ... a series of litigations ... in the
courts, as well as before the Interstate Commerce Commission, and
before an investigating committee of Congress ... for the purpose of
harassing and annoying" us.[452] And when in 1891 Rice was appealing
to the Attorney-General of New York to bring suit in the name of the
State against the oil combination in New York, like that which had been
successfully brought in Ohio, he was publicly stigmatized in court as
a "black-mailer" because he had once named a price at which he was
willing to sell his refinery and quit. So the citizens of Nashville
were called black-mailers for competing, and the citizens of Buffalo
for bringing a criminal conspiracy to justice.
It is this dancing attendance upon State legislatures, courts,
attorney-generals, Congress, the Interstate Commerce Commission, as
shown in this recital, which the modern American business man must add
to Thrift, Industry, and Sobriety as a condition of survival.
CHAPTER XVIII
ORDINARY SUPPLY AND DEMAND
Public-domain text, read in full here on John Shaqi.
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