The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-12-31
BushWhacking Methods EN-
pIoyed in the Use of the
Union Labels.
Government SUIT FILED
ATTORNEY GENERAL WICKER
SHAM WAKES VERY WARM IN
HIS LANGUAGE IN BRIEF TO
THE SUPREME COURT.

Washington, Dec. 31-In printed
brief of 26S pages Acknowledgement
George w. Wickersham and his special
assistant, J. c. Reynolds. yesterday
presented to the Supreme court of the
United States the case of the govern
ment in the famous Tobacco Trust
case, which will be argued next week
in that court.
The cases were tried in the United
States Circuit court for the Southern
District Of New York. which. after dis.
missing the petition as to foreign to-
bacco companies and some of the sub.
ordinate American companies, adjudg-
ed the others to be parties to an unlaw-
full conspiracy and enjoined them from
continuing their operations and from
engaging in interstate commerce.
The Attorney-General takes the posi-
ton that these findings, sweeping as
they seem to have been, were not broad
enough and he asked the supreme court
to extend them so as to take in the
foreign companies and some individ-
uals who were relieved from the oper-
alton of the verdict. Many other
extensions of the judgment are also
requested.
After showing that in 1890 COM
petition was free, the various coali-
lions were traced in the document and
facts are given to show That the COM
bination has grown until the combined
assets amount to $4OO,OOO,OOO. 1t is
asserted that the combination manu-
features all of the cigaretts for ex-
port and almost three-fourths of the
smoking tobacco and of the cigaretts
for domestic sale, more than three
fourths of the plug, twist. and fine-cut
that are made.
Has Really Been "Wicked."
1t is declared that "the defendants
have persistently exercised duress,
have practiced wicked and unfair meth
DDS and used their great power in OPP
pressive ways" Further, it is assert
ed that they have been actuated by a
fixed purpose to destroy competition
and obtain monopolies. Competitors
have gradually disappeared and the
combination. now strongly intrenched
unduly restricts the business of those
in the trade and prevents others from
entering"
Coming to specific instances, rela-
tive to the operations of the trust it is
declared that substantially all estab-
lished jobbers in New England were
induced to throw out Independent pro-
ducts, as were those OF Philadelphia,
New York, and many other specified
places It is asserted that independ-
ent jobbers in New York were destroy
ed by the organization of the Metro
politan Tobacco Company, which was
given an exclusive agency for the sale
of the trust goods.
"6ushwhackins' Is Charged.
1t is also asserted that "bushwhack-
ing methods were resorted to in the
use of union labels, and the method in
this proceeding is denounced as 'iniq
uitous' and and one such as is "inhib
tied by a civilized conscience" In
deed, it is declared that the record
contains much evidence and vast
deal of correspondence concerning the
operations of these 'bushwhacking
companies. which disclose amazing de
pravity and show with clearness how
these agencies We're effectively util
lied"
The advertising methods of the trust
are referred to as a means of influenc
ing both business and public sentiment
and it is said that not less than So.
100000 was expended in this way in
the single year Of 1906.
The Attorney-G General interprets the
complaint as not merely directed to the
acquisition and ownership of stock:
or other property, but as against thu
company's operations in commerce.
Competition has been persistent,
destroyed; scores of contracts have re
tired skilled men from the trade: man,
have been forced out. and the necessa
ry result of the plan long followed ha!
been to give defendants power to ex
clude others and exercise monopoly.
He seems inclined to the view that 1
! receiver should be appointed for tn
| business Of the parties to the combina
| ton and he adds: The very existenc,
| OF certain defendant is criminal. ant
certainly they can not rightful1y com
plain because restrained from carryin,
| out the unlawful purposes of their ere
alton; they are willfully in position
| where every act is transgression."
"Growing Down."