The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-12-11
Mr., CHOA1E'S REPLY
Argument for the American
Tobacco Company Be-
fore Vice Chancellor
Reid.
POKING FUN AT THE PETITIONERS
Says Monopolies Are Not Always
lnimical to Trade-pop-1
ulistic Judges.
P0KING FUN AT THE PETITIONERS

More than ordinary interest was dis
played this morning in The hearing in
Chaneery Chambers of the Attorney Gem
eral against the American Tobacco case
because Of the fact that Mr.. Joseph H.
Choate, New York's eminent lawyer, was
expected to present his argument against
the Attorney General and the relators.
John r. Miller and Son Of Newark.
Vice Chancellor Reed was punctually on
hand, and he was closely followed BY Mr..
Choate, Messrs. r. V. Lindabury. Thomas
M. McCarter and the assistant counsel.
The famous English Mognl case was the
basis OF Mr.. ~Lindaburyss closing argu-
ment for the American obacco Company.
ana he quoted Lord Chief Justice Cole
ridge HI said:@"Great stress has been
iaiq upon the fact that the defendants
nAd combined for the purpose OF excluding
the plaintiffs from the trade and acquiring
a monopoly of it for themselves; but Il
must pc remembered that all trade is
selllsh In a sense. In the hand to hand
pupiic. life, men fight on without much
lhoosnt OF others, except a desire to ex-
csi er 60 cefeat them. i cannot see that
these defendants V passed the line
Wnich separates the reasonable and fegi-
and maIice.v
LliC 1Q4G 10 De QeQucTeQ from this case
sad Mr.. Lindabury, has been followed
by American jurists and completely dis
posed OF the case against the Tobacco
When it became known that Mr. cboste
was ABOUT to begin his argument lawyers
nay,ng offices in the First National Bank
BuldIng left their briefs and cases and
hocked upstairs to hear him. Before
however, he began Mr.. L~indabury made
an exceedingly good close in which he
scored the Admiral Cigarette people, who
ne sad had fooled the Attorney General
anu lhs Court, and could not come into
court themselves, and so had put I'D
the M9llers as a cats-paw to take the
cbestnnts out of the FIRE"
pocket to take my temperaturest, said M.
Choate, wiping his face and opening his
Walstcoat but it is awfully hot here
Ihe windows were promptly opened and
the eminent lawyer said with a smile on
ms lace, line case Is so clear, your Hon
OF, the principles underlying it so
clear that will not be guilty of the cruel
~ OF eadtng authorities which our side
nave produced SO fully and which if the
(~Laughter.)
! am aware that a greal deal can be
round IN the law books derogatory to
capital and the greater the amount Of
eapitai the more vfrulent the abuse. 1t
from the populistic spirit which
reserved such a flip a few weeks ago.
uaughter.) | read that the entire bench
OF a Western State has been filed with
Populists, and we know what they viii
90 a great many Judges who are not
Topul1sts YET are not unmindful of popu-
lar applause. Such sentiments find no
place in New Jersey, which has SO great
q reputation for its wise. conservative
DECISIONS and its. justice. Therefore.
rely on justice here.
It IS not true that everything which
tends TO a monopoly is Illegal or IMMORAL
A great many monopolies which tend r.
restrict are highly commendabIe. Take
the case of my friend McCarter. CThe
Court smiled al the sallv.A
Here he has been for the last quarter
OF a century" said Mr.. Choate. turning
70 the venerable Newark lawyer. s.ac.
tuaiiy monopolizing the law business of
TINS State. How is it that clients rush
from Oregon to New Jersey in a race If
dlligence to his Office to secure his ser
vices? Simply because he p-rosecutes his
praetlce with diligence, prudence and
mo bouquets" said Mr.. Mccartar
laughing heartily and everybody ioineds
!. NOW, suppose; mind l don't say he does
Il, out suppose resumed Mr.. Choate
with a quiet smile playing over his m
t~elleetual face. sthat he should insist that
nus clients should not go to any other
laWyer for legal advice; and suppose he
snould advertise his business by placard
a dn py cigarettes. Qaughter.} Mind ]
uoh | say ne does, but suppose he said to
ms clients that if they Sought his SER
wees ne would give them a rebate. what
Ihat is what the Tobacco Com
pans goes N prosecuting It's business
my friend McCarter is a living ill,s4ra'
tlon OF successful MONOPOLY. He Soas
What the Tobacco Company does. enlarge
ias trdue IN the best way it knows how
anu Wllhln the powers granted nv law .,
Mr.. Choate then proceeded 10 raad tba
clause of the United States Constit1,tinn
Whlcn protects free competition in trade
orsa us, niea orieny stated the facts Of the
otsanlzauon of the Tobacco Counanv
Wnich had a perfect right. If il couid -
take possession, by legitimate methods
81 the cigarette market. Then he said
ra,ae ne rival National Cigarette COM,
ana only when it was pushed Ia fbe Mi
= staTied the suit under the cloak If
= weIIare OF the people of New jersey
can alsT Is BOT the suit Of the Attorney
throughout the case shown his contenn
Ior the suit" said Mr.. Choate, ar i npt
the suit of the MilIers of Newarl[ he q
49, Trey nave said they didn't pay the
the suit of the National Cigaretfe coms
pany, who has paid the lawyers to bSing
TINS SUIT That company has resorted ~
masl5uss afi m 2 unjust unfair and
ana Just to .injure the American Tobaceo
which it has tried to p,lsb ~
the wall. PUSH ~
It is not 'the lion putting on Inc aes,s
skin here, but the National cirarefta AZ
a aSsoa the skin Of the lion.' daughter
After his dig Mr.. Choate ridicuIed tba
cialm to restrain the mpan which
meant a forfeiture of its charter. The
iawyer sarcastfcally said that the claim
that the American Tobacco Comnany
should be indicted for its actions ia pilsh,
ing It's business reminded him thai #
would be well to ask the Chancellor of tha
State of New Jersey to issue an iniunction
against the whole people to prevent fhen,
from committing murder, burglary ana
larceny, and indict everybody for the same
The charges made against TIA
company by the lawyers OF the other si5e
said Mr. Choate, made him think thai he
was in a criminal court.
Gulity conscience Interrupted Mr.. Me-
Continuing. Mr.. Choate said that If the
American Tobacco Company should be in
dscted for a nuisance, then the Court ~
had no business with this mime
ton and should at once dismiss the bili,
Nov who then complains agasIsf I,s9
The jobbers, or dealers, or middlemen or
call them by whatever name YOU please
will smell just as sweet-of tobacco
Why they care so much for
the combination which Injuries them. as
opponents claim, that on the stand
they admit that they make more money