New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-14
WHISKEY TRUST ILLEGAL.
THE ILLINOIS SUPREME COURT DECIDES
AGAINST THE BIG CORPORATION.

THE ILLINOIS SUPREME COURT DECIDES
AGAINST THE BIG CORPORATION.
IT IS DECLARED TO HAVE usrRPED POWERS NOT
GRANTED BY IT'S cHARTER-DEcTsIoN OF THE
COOK COUNTY COURT AFFIRMED-FAR-
REACHING CONSEQUENCES OF THE
JUDGMENT-TROUBLE FEARED AT
THE CHICAGO DIsTILLERIEs.
Springfield. H.. June 13-The decision handed
down by the Supreme Court this morning in the
Whiskey Trust case in which the decision or
the Cook County Court, declaring the Trust IL
legal is affirmed, is Of the strongest ar
raignments of combinations for the purpose or
cornerng or controlling prices in products ever
promulgated by any Court. The language Is
Of no uncertain character. and has given much
satisfaction to Attorney-General Moloney ana
his assistants Corporations and trusts Of this
character are hit hard by the Court, and the
Attorney General feels that the principles un-
dcrlying the decision are broad enough to IN
clude the Pullman Company. He believes that
the adverse decision in the Pullman case VIII
be reversed on reaching the Supreme Court
The opinion Is voluninous. containing forty
nine typewriter pages. and goes fully into
the details Of the case. Many citations are
made. among them Chicago Gas and the Match
Trust to which the Court maintains the Whls-
key Trust bears a similarity. This deduction
is made from the fact that the Chicago Gas and
Diamond Match companies exceeded their char-
ter rights by engaging in lines of business not
authorized in their charters. The Wnishey
Trust the Court maintains. exceeded its char
ter by forming a combination to control prices
rather than 10 manufacture whiskey.
In Speaking Of the claim made by the appel
liant that the surrcndering and gathering in
of stock Of the different distilleres purged the
Trust Of illegali;y, the Court maintains tnat
this is "A false presumption. 1t says: There Is
no magic in the Trust certificates that can
purge the Trust scheme Of its illegality Ihe
pist Of the decision is contained in the follow
ing paragraphs:
I'm, f, is urged that the defendant by It's char
ter Is authorized TO purchase ana own @ @u.s..t ~
property and that there is limit placed upon ir
amount of property which II may mus aSdu,,i dei S -,
lts certificate OF organization II Is authotz1a ~
engage IN a general dlsting business IN lIllols
elsewhere and 70 own ne prop ,r! ,Sa
grants Of powers in corporate charters are TO De
iwnira,ion denied. Tn- DEFENDANT is authorized
fo own such property Is necessary Tor It's pusi,
ness 9ni no sj m9T is ,a tP6S PoT'[ puTpos iG sS"s w
In accommodating disfilcry properties In me man
not only misusei and abused the powers granted
by us charter but has usurpel and exercised pow
cgn 10 that instrument II has thus rendered ilseIi
liable to prosecution IS the STAT Dy quo Va "
49, shown by the information the judgment Of
custer is clearly warrdnt'I.
Chicago. June l3.-Soon after the receipt OF the
supreme Courts decision Receiver McNulta sug-
rasted to Marshal Arnold that additional deputies
sh uli bc sv r. in ard distributed am ng the 10 al
d,st.reries and at noon the Marshal began en-
rolling the required number Of men. During the
afternoon they were parceiiei out. the greater
number going TO Riyeriaie. which place 1t Is
r,.,,,-.l ,viU be- attacked. Four big boxes
l,hei;ec slv-r1ckets and directed t. Mr.. McNulta
wer. carried into the Marshars office and We're
Distributed among the distlllerles tnis a.
They are to BE- used as alarm sgha's ~ iis'' -
the telephone wires are cut. ,.
speaking Of the decision, Receiver McNui'i
said.
The decision an not surprise me 10 not !, tn think TX
that one familiar "iin tie ~ surpr.sed
Tn.. ION however does not affect me one wa.
,ho 'rour,. ready AMI willing to obey ~ orders rs
n the Court orders N, To- 81. tne Pb Eonrt -
say whether snS" n,s been dsciared illegally
,r,orizel and In .,rcct dissolved. cannot express
rnT opinion on that phase in my official caplciy
Il, I an ordered 20 hold on TO me proYerN NON n
At lcas, q looks that way 70 man UP cs,gIe ,ifL
have oil The properly of tne p.SS,"rs ,S " viii hoiI
!, ,ra7nst All eomers Win the precautionary
measures have taken. | have no Apprehension 81 ..
serious trouble do not believe mat any iolns,
owner of the property IS SO deficient IN )udstheins
as fo resort t. violence - wrest any part o. ne
,ror.rtv from the force that Is now prot, c'.'s ~
w.fh the reserve force ready on caI Tor lhdI P"'
pose should 10 be needed
Mr. BURY ~ counsel for the Greenhut- Morris
faction II the Whiskey Trust. said. IN the an
s.nce of the president of the Trust:
The decision viii create 4 serious que ton as 10 IN ,
,vn,r-hip nf the istillcrrS. 'Specl1y the "1S ".'
q, Peoria TnlivllutiS own the lAld on wh4ch .,e ~,
de II c-,s are built ard tie company owns tne pan
/ mink the leases iOr twenty nNe years an
,b.ut SIX veara have elapsed. DO not kng" II
th.r. are renewal causes in the eases II liie
Cnurt hls hold that the Distling company was
an Illegal body from It's formation ana tnat II aC-
nuir.l nm these properties in making an eSd '"i-
I,not,n fh.n il may he tnat the grounh l"iseS are
v,l ana in. owners entitled 10 immediate posscr
sl,u of the and on which the huAdlneS are s,u.
,,aI In such A case there would probaOy re'Slt
=, tho owners of the land the dstilleries that are on
,h.r land This would make a very great ieuuV-
lion I'm the assets which are IN the hshiS OF sa'e
r.r.lvrr The decision may be very idr-rtd'n1l'S
in this direction II viii probably be round tn1t al.
,h nter,.fs OF those concerned IN the dstlIleIlvs
h,vo hcsn benefited in some way. The decision -
=, 'r.,f victory for the Attorney-tieneral put 90
no., srs how Mr. Mayer and the other ieIows can
r,u i, their victory. They instgat"i the proSees,t-
,r,,s ana then ran. In the cases or the Shui"lu';
iiveri,la and Calumet dstilleries here tne ground
was b5nght outright but understand MI LynGia