The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-12-31
SCATH|NG ROAST
OF TOBACCO TRUST
Attorney-General Wickersham
Uses Some Plain Words in
Brief on Appeal.
WANTS COURTS FINDING
MADE EVEN BROADER
Gigantic Power of Combine
With $500, 100000 Capital
Is Pointed Out.

WAstlINGToN. Dec. So-In a printed
PREF PREF OF a6S pages, Attorney General
" ! TiGkefsliam e. and his special assistant.
supreme court OF the United States the
case OF the government in the st. Louis
tobacco trust cases. which win be ar
Sucd next week IL that court
The cases We're tried in tine I-nitrt,
atates circuit court for the southcru dis
trict OF New York, which. arc dismissng
tho petition as TO foreign tobacco COM
panIes. and some of the suhordlnate
american companies. adludgcd the others
10 be parties 10 an unlawful conspiracy
ana enJoined them from continuing their
operations and from enga ging in inter-
state commerce.
Would Extend Judgment.
The attorney general takes the posi
lion ,hat the findings, sweeping as they
seem 70 have been. were not broad
enough, and ho asks the supreme court
~ extend them go as 10 widen their
scope 10 take In foreign companies and
some lnoiEiduais relieved from the opera
tion OF the verdict. Many other exten-
'sipnS OF Tue Judgment are also requested.
After showing that in 1890 conpeti-
tlon WAS trec. the various coalitions arc
traced in the document. and facts are
given 10 show that the combination has
grown ,intii its combined assets amount
TO $iOo, GOO 900.
Il is asserted that the combination
export and almost three fourths OF the
smoking tobacco and OF cigarettes for
Giomeitic ,i' sale, more than three. .fourths OF
Tie plug. twist and nne-cut tobacco and
almost all OF the snuff and little cigars
that arc made.
Wicked and Unfair
1t IS declared that the dcfcpdarts have
peFslstontly exercised duress. have prac-
tlced wicked and unfair methods and
useo theH great power in oppressive
Further. i, IS asserted that they have
oeen actuated by fixed purpose 10 de-
stroy competition and To obtain mono7n-
Hes Competitors have gradually dis
appeared and tho combination. now
stronely entrenched. unGuly restricts the
business OF those In the trade and pre-
vents. others from entering" ii is de-
clsred.
Putting aside Tor the time. the effect,
or The Shermsa antitrust law Under
which the suit was brought. it is cor :
tended that The combination under the
name. OF the American Tobacco company
1877 occil0so u Vas cortrsryi 10 the
common law. Contendine for the right
or congress To enact anti-uust lceisa-
ton II Is asserted that tho essential pur-
pose Of the Sherman Law is 10 prevent
Injury, not merely 10 reverse course
OF conduct
Lays Down New Rule
The attorney general also lays down
the general proposition that The sht
freely 10 buy sell and transfer property
Is not fundamental civil right TO be
exercised without limitation as interest
cd parties may determine" and ne adds
tho assertion that lit is subordinate Ia
public policy and the lawfully expressed
VII OF congress
Coming 10 specific instances relative TO
operations, NJ the trust, II is declared that
Snbst9ntisily all established Johbers in
New England we're induced TO throw out
Independent products as were those nf
Philadclphia. New York and many other
specified places.
In New York WAS DESTROYED Dy The or
ganlzatlon Of the Metropolitan Tobacco
COMPANY. which VAS .glven an exclusive
agency Tor The sale Of trust goods,
Underhand Methods
1t is also asscrtad that b,.shwhs ckius
methods were reSurtcd % in the use az
union labels. and iiIc method in this pro-
cc"diDC is denounced as "iniQuitous' and
conscience"
Indeed. it Is declared that ''he record
contains much evidence and . vast deal
of correspondence concerning opera tiouS
of thcsa bushwhackine companies which
disclose amazing dcprav,ty and show
with cicarncss how these sinister agen-
clos were effectively utilized"
Advertising methods of the trust were
referred 10 as \ means OF influencing
both business and public sentiment. and
it i said that not less than ten million
dollars were expended In this way In
1906
Tho attorney general !nterprcts tba
acquisition and ownership OK stocks or
other property Nut as against The COM
pdnieS operations In commerce.
Competition has been persistcntly de-
slroyod. scores ot contracts have retired
skilled mon from the trade. many have
been forced out, ana the necessary result
oC the plan long followed has been to
give defendants power so exclude others
and exercise monopoly It is declared
He seems inclined Ia the view that q
receiver ShnulG tbe appointed for the busi-
ness Of parties TO the combination, and
he adds:
"Tha very existence of certain defend
outs is criminal. and certainly they can
not rghtfuilv complain because restrained
from carrying OUT The unlawful purpose
Of their creation. they arc wllfullY in
positions where every act is = trans