New-York tribune., 1909-12-31
TOBACCO TRUST
RECEIVER ASKED
TICKERSHAM SEEKS
ITS DESTRUCTION.
Charges Criminal Conspiracy
Under Both Sherman and
Common Lac.

Washington. Dec so.-Attorney Cen
sral wickersham and his special assist
ant. ]. {. McReynolds presented to the
United States Supreme Court to-day the
case of the government in the famous
Tobacco Trust cases, which Will be ar
sued next week in that court The cases
we're tried in the United States Circuit
Court for the Southern District of New
York. which. after dismissing the petit
ton as to foreign tobacco companies and
,rrne of the subordinate American COM
panies. adjudged the others to be parties
to an unlawful conspiracy and enjoined
them from continuing their operations
and from engaging in interstate COM
Jnerce
The Attorney General in his brief as
serts that these findings. sweeping as
they seem to have been, were not broad
enough. and he asks the Supreme Court
10 widen their scope so as to take In the
foreign companies and some individuals
who were relieved from the operation
of the verdict. Many other extensions
Of the Judgment are requested.
Mr. Wickersham thinks that receiver
should be appointed for the business OF
the parties to the combination, and ados'
THE very existence of certain de-
PENDANTS is criminal. and certainly they
cannot rightfulIy complain because re-
strained from carrying out the unlaWful
purposes of their creation; they are VIII
fully in position where eve-y act is a
trsnsgression."
"'PRACTISED WICKED METHODS.
After showing that in 1890 competition
was free. the various coalitions are
traced and facts are given TO show that
the combination has grown until its
combined assets amount to S4OO, OO,0OO0D
1t is asserted that the combination
manufactures all the cigarettes for ex-
port and almost three-fourths of the
smoking tobacco and cigarettes for do
mestic sale, more than three-fourths of
the plug, twist and fine-cut tobacco, and
almost all the snuff and little cigars that
are made. 1t is declared that the de-
PENDANTS have persistentiy exercised
duress. have practised wicked and un-
fair methods, and used their great power
in oppressive ways" 1t is further as
serted that they have been governed by
fixed purpose to destroy competition
and obtain monopolies. Competitors
have gradually disappeared. and the
combination, now strongly intrenched.
unduiy restricts the business of those in
Tie trade and prevents others from
entering" the Attorney General saws
ILLEGAL UNDER COMMON LAW
Putting aside, for the time the effect
OF the Sherman antitrust law. under
winch the suit was brought, il is con-
lendeo that the combiEa ton under the
name of the American Tobacco c'ornnanv
was Illegal when it was entered into in
1880, because il WAS contrary to the
common law Upholding the right of
Congress to enact anti trust legislation
IL Is asserted that the essential purpose
Of the sherman law is TO prevent in
jury and not merely to reverse A course
OF conduct The Attorney General also
lays down the general proposition that
the right freely to buy. sell and trans
fer property is not a fundamental civil
right to be exercised without Limitation
as interested parties may determine" ."
and adds that lit is subordinate to pub
lie policy and the lawfully expressed
will of Congress"
Coming 10 specific instances relative
T. the operations of the trust il is de-
ciared that substantially all established
jobbers in New England We're induced
10 throw out independent products. as
were those Of Philadelphia, New York
and many other places. IL is asserted
that independent jobbing in New York
WAS destroyed by the organization of the
Metropolitan Tobacco Corn any. to which
ali exclusive agency for the sale of the
trusts goods was given. It is also as
serted that 'bushwhacking'' methods
were resorted to in the use of union Ia
bels. and this method is denounced as
ubiquitous" and inhibited by a civilized
conscience. Indeed. ii 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 sinister agencies We're effectively
utilized
The advertising methods of the trust
are referred TO as a means of influencing
business and public sentiment, and it is
said that not less than $4,000, 900 was
spent in this way in 1906
The Attorney General interprets the
complaint as not merely directed to the
acquisition and ownership of stocks or
other property, but as against the CONT
pany's operations in commerce. Com
petition has been persistently DESTROYED"
he says: scores of contracts have re-
tired skilled men from the trade; many
have been forced out: and the neces-
sary result of the plan long followed has
been TO give defendants power to ex-
clude others and exercise monopoly"
STANDARD OIL APPEAL.
The appeal of the Standard Oil Com
psny from the decision of the United
States Circuit Court for the sth Circuit
in dissolving the corporation under the
antitrust law will be docketed in the
Supreme Court on Monday in view of
the great Importance Of the issues in
yolved. mot on Will be made on behalf
OF the government at that time or on the
Monday following to advance the case
for hearing. This motion. II is expected,
rtll have the concurrence of the attor-
neys for the company. Counsel hope
that the court viii set the case for hear
ing early I'm March