Omaha daily bee., 1909-12-31
BRIEF IN TOBACCO APPEAL
Governments Contention in Famous
Case Filed with Supreme Court.
SAYS VERDICT IS TOO MARROW
Tribunal Asked to Broaden Scope of
Finding TO Include Foreign Com
pHnies and Certain In
dividuaIs.

WASHINGTON, Dec. SO.-In a printed
ersham and his special assistant, ]. C.
McReynolds, today presented to the su-
preme court of the United States the case
Of the government in the famous tobacco
trust cases, 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 dsmissing the pc
tition as to foreign tobacco compa MES and
some of the subordinate American com
panies. adjudged the others to be parties
TO an unlawful conspiracy and enioined
them from continuing their operations and
from engaging in interstate commerce.
Verdict too Narrow.
The attorney general takes the position
that these findings. sweeping as they seem
to have been, were not broad enough and
he asked the supreme court to extend them
to so widen their scope 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 also requested.
After showing that in 1880 competition
was free, the various coalitions are traced
in the document and facts are given to
show that the combination has grown
until its combined assests amount to S4O0-
OOO,OO0 IL is asserted that the combina-
ton includes all manufactures of cigars
for export and almost three-fourths of the
smoking tobacco and cigarettes for domes-
tic sale, more than three-fourths of the
plug, twist and finecut tobacco and almost
all of the snuff and little cigars that are
made.
1t is declared that the defendants have
persistenuy exercised duress have prac-
ticed wicked and unfair methods and have
used their great power in oppressive
ways"
Further 1t is asserted that they have been
actuated by a fixed purpose to destroy
competition and obtain monopoles.
Competitors Disappear.
Competitors have gradually aily-aIssppeared
and the combination, strongly entrenched
unduly restricts the business OF those in
the trade and prevents others from enter
/ ing"
Putting aside for the time the effect OF
the Sherman antitrust law, under which
the suit was brought, IL was contended thai
the combination under the name of The
American Tobacco company was illega
when 1t was entered into in 1880, because II
was contrary TO the common law. Con
tending for the right Of congress to enact
antitrust legislation, II is asserted thai
| the essential purpose Of the Sherman law IL
! to prevent injury, not merely to reverse
a course OF conduct. The attorney genera
also lays down the general proposition thai
the right to freely buy, sell or transfer
property is not fundamental civil righ
TO be exercised without Limitation as in
teTested parties may determine" and hs
adds the assertion that 1t is subordinate
I 10 public policy and the lawfully ex
pressed viii OF congress"
Coming to specific instances relative tC
the operations OF the Irust, It is declared
that substantially all established jobbers II
New England were induced 10 throw ou
independent products as were those o
{ Philadelphia, New York and many Othe
( specified places. II is asserted that inde
pendent jobblng In New York was destroye
by the organization OF the Metropolitan
Tobacco company, which was given al
exclusive agency tor the sale Of the trus
goods
BushwhaekinE Methods.
1t is also asserted that "bushwhacking
methods were resorted TO in the use o
union labels and the method in this pro
ceeding is denounced as '1niqu.tous' an
one such as is inhibited Dy a. civilize
conscience Indeed, il is delared that
the record contains much evidence and
vast deal Of correspondence concerning tn
operations Of these bushwhacking com
panies which disclose amazing depravit
and show with elearness how these siniste
agencies were effectively utilized"
The advertising methods OF the trust ar
referred TO as a means Of Influencing bot
business and public sentiment and II
said that not less than 1900 600 dollar
(Conunued on Second Pags.)