Arizona republican., 1909-12-31
WORSE THAN PAINTED
Declares the Attorney Gen eral Is the Monopoly Which Controls by Amaz- ing Methods the Coun- try's Tobacco Trade.

Washington. Dec. 30.-A strong ar raignment of the methods of the American Tobacco company, declar- ing that the situation imperatively demands a decree which will utterly destroy the unlawful arrangements now existing, and which will prevent any similar ones in the future" is contained in d brief submitted to the supreme court of the United States in behalf of the government in the case against that corporation to be heard by that tribunal on Monday
 The brief. signed by Attorney Gen eral Wickersham. and J. C. Mickey holds, special counsel. says: 'The defendants, in violation of the law for many years. and with great sue cess. have persisted in destroying competition. obstructing commerce and acquiring monopolies. They have be- come immensely powerful and only vigorous measures can remove the mischief brought about by them
 The case grows out of the proceed ing against the company and its affil- lated corporations. seeking ito prevent and restrain monopolies and re- straints of the commerce in tobacco under the Sherman antitrust law, and it comes to the United States su- preme court on appeal
 The cases were tried in the United States circuit court for the Southern district of New Mexico. which. after dismissing the petition as to foreign tobacco companies. and some subor dinate American companies adjudged the others to be parties engaged in an unlawful conspiracy. and enjoined them continuing their operations and from engaging in interstate commerce.
 The attorney general takes q posi- tion that the findings. sweeping as they seem. have been not bread enough and he asks the supreme court to ex- tend them So as to widen the scope to take in foreign companies. and that some individuals be relieved from the operation of the verdict. Many other extensions Of the judgment are also requested.
 After showing that in 1890 compe- tition was free. the various coalitions are traced in the documents, and facts are given to show that the combina- tion has grown until it's combined as- sets amount to s4OO.OO0.0OO. It is as serted that the combination makes all the cigarettes for export, almost three fourths of the smoking tobacco and cigarettes for domestic sale: more than three -fourths of the plug. twist and fine-cut tobacco, and almost all the snuff.
 It was decided that the defendants persistently exercised duress, prac- ticed wicked and unfair methods. and used their great power in oppressive ways" It further asserted that they have been actuated by fixed purpose to destroy competition and obtain a monopoly. Competitors have gradu- ally disappeared and the combination is now strongly entrenched. and un- duly restricts the business of those in the trade, and prevents others from entering" it is declared.
 Putting aside, for a time the effect of the sherman antitrust act. under which the suit was brought it is con tended that the combination under the name of the American Tobacco com panl. was illegal when it entered into it in 1890, because it was contrary to the common law contending for the right of congress to enact antitrust legislature-he asserted that the essen tial purpose of the sherman law is to prevent an inquiry, and not merely to reverse the course of conduct. The at torney general also lays down the gen eral proposition that the right freely to buy and sell and transfer property is not a fundamental civil right to be exercised without limitation except such as the interested parties may de- termine," and he adds the assertion that it is subordinate to public policy. and the lawfully expressed will of con gress.'
 Coming to specific instances relative to the operations of the trust it is de- clared that it is substantially estab- lished that the jobbers of New England were induced to throw out independent products, as were those of Philadel- phia, New York and many other places.
 It is asserted that independent job ing in New York was destroyed by it's organization of the Metropolitan To- bacco company. which was given the exclusive avenue of the sale of trust goods. It is also asserted that bush whacking" methods were resorted to in the use of the union labels. The meth cd of this proceeding is denounced as ubiquitous and inhibited by the civil ized conscience"
 Indeed. it is declared. that<the rec ord contains much eidence and a vast