Evening star., 1895-06-13
BLOW TO COMBINES
Decision Against the Whisky Trust
in Illinois.
The ATTORNEY GENERAL PLEASED
Death KneII of Trusts in the State
Sounded.
RETICENCE OF RECEIV Err

SPRINGFIELD. ILL.,, June 13.-The su-
Pre- me court of Illinois today filed its opin-
| ion in the case of the people against the
| Distilling and Cattle Feeding Company
| (whisky trus). The judgment of custer
! entered by the lower court is affirmed.
| The effect of this decision will be to break
| up the whisky trust.
In the course of the opinion the court
says:
mo one who intellgently considers the
| scheme of this trust as detailed in the in
| formation can for a moment doubt that 1t
| was designed to be and was in fact, a
combination n restraint of trade, and that
| it was organized for the purpose of getting
control of the manufacture and the sale
of all distillery products, so as to stifie
competition and 20 be able to dictate the
| amount manufactured and prices at which
the same should be sold, and that its eff
feet is to create or tend to create virtual
|. monopoly in manufacture and in the sale
of products of that character
No rational purpose for such an organi-
zation can be shown consistent with an in
tentfon to allow the business to run in its
normal channels to give competition its
legitimate channels and to allow both pro-
ducticn and prices to be controlled by the
natural influence of supply and demand,
and the results as shown by the informa-
ton were such as might be anticipated
The trust obtained possession of nearly all
the distilleries and nearly the entire dis
tillery products OF the United States, thus
enabling II to dictate the prices and the
amount of prad Iction, and thus to draw to
itself substantially the control of the dis
tillery business of the country"
The court cites large number of deci-
sions showing combinations of similar
character that have been held Illegal in
other states, among others the match
trust.
Attorney General Molony. speaking of
the decision. said:
The supreme court practically holds that
the Distiliing and Cattle Feeding Company
is a trust. and that as such Judge Glib
bons of Chicago did right in pronouncing
Judgment of civil death against it. The
supreme court also decided that the At
torrey General was right in his views of
the law regarding the matter, and that the
DisttllinS and Cattle Feeding Company is
no more than continuation of the old
distiliers' cattle feeding trust
THE decision he continued 'is one of
the ableSt opinions ever delivered by the
supreme court of this state. In no IN
certain language It sounds the death knell
OF trusts IN this state for ever. On every
point in which 1 made a fight was sus-
tained."
The Receiver Retfccnt.
CHICAGO, June 12.-Receiver John Nc
Nulta was not inclined to discuss the
whisky trust decision, but asserted his in
tention to hold the trusts property at any
cost. The opinion had been expressed that
in the event of a decision such as was
rendered today the trusts distilleries would
revert to the original owners, some of
whom had expressed the intention of seiz-
ing the plants.
Il don't think the decision will result in
any immediate change of hands for the
properties" Receiver McNulta said, for
l intend to hold to all that / have in
charge as an officer of the court"
Deputy United States marSEalS have been
on guard at the various distilleries for some
time. and sturdy resistance will, no doubt
be made to any attempt to seize the plants.
Reorganization Committee Victory.
Attorney Levy Mayer, representing the
reorganization committee, regarded the de-
cision as a victory.
I'VE have been anxiously waiting for
this decision he said, "ani are highly
pleased that it has come and come in the
way of an affirmance. 1t removes all OBJ
stacles from the way of the reorganizatio ton
committee and makes reorganization now
a matter of but a few days. Attorney Cen
eral Molony has done most excellent work.
We were associated with him i'll the prep
aratfon of the Information and took part
in the early stages OF the arguments before
Judge Tuley. We saw in the proceedings
the only opportunity at the time of getting
rid of the management of the officers in
the Judgment of custer rendered by Judge
Gibbons. The effect of the decision is TO
deprive the company of the right to con-
tinue business. The statue, however, OF
this state makes express provisions for
Just such a case as this.
1T provides that the corporation shall
continue its corporate capacity during the
term of two years for the purpose of col
lectinE the debts ami claims due the cor
poration and selling and conveying the
property and effects thereof. The law also
provides that the corporation shall have
the right to use its corporate name for the
above purpose, and that it shall be capable
of prosecuting and defending all suits at
law In equity.
Receiver McNulty has the right 20 tenn
porarily continue the business until an
advantageous sale can be made of the
property.
THE supreme court decision makes a
sale of the property which is now in the
hands of the federal court receiver in
evitable. 1t is this sale for which the re-
organization committee has been striving
with might and main ever since Mr.. Green
hut was removed from the receivership.
There can be now no successful tilibuster-
ing or obstacle interposed to the sale of
the property, for which our petitioners
have been ready for several weeks. We
know of nothing which more satisfactorily
facilitates the purpose of the reorganiZa-
ton committee than the decision just an
nounced by the. supreme court. This is
the greatest triumph thus far of the plans
of the committee"