Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-12-31
TOBACCO CASE
IN SUPREME
COU'RT 7
GOVERNMENT SEEKS TO
STRENGTHEN JUDGMENT
Alleged Monopoly Controls
Cigarette and Small Cigar
Trade of Nation and Has
ThrottIed Competition,


IBy Morning Journal Special Leased Wire
Washington, Dec. 30.-In a printed
brief of 26S pages, Attorney General
Wickersham and his special assistant
j. c. McReynolds, today presented to
the supreme court of the United States
the governments side in the famous
tobacco trust cases which will be ar
gued next week.
The cases We're tried in the circuit
court of the United States for the
southern district of New York, which,
after dismissng the petition as to for
eign tobacco companies and some of
the subordinate American companies,
adJudged the others parties to an un-
lawful conspiracy and enjoined them
from continuing their operations and
engaging in interstate comm rec
The attorney general takes tne po-
sition that the findings, sweeping as
they seem to have been, were not
broad enough and asks the supreme
court to extend them so as to 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 1890 compe-
tion was free, the various coalitions
are traced in the document and facts
are given to show that the combina-
tion has grown until its combined as
sets amount to 10000, 900
1t is asserted that the combination
manufactures all of the cigarettes for
export and 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 and
little cigars that are made.
1t is declared that the defendants
have persistently exercised duress.
have practiced wicked and unfair
methods and used their great power
in oppressive ways"
Further it is asserted that they have
hneu Pct' atcd ny fa4ed plrbese fc
destroy competition and to obtain
monopolies Competitors have grad |
ually disappeared and the combina-
ton, now strongly entrenched, unduly /
restricts the business of those in the /
trade and prevents others from enter |
ing
Coming to specific instances rela- |
tive to the operations of the trust, it is
declared that substantially all estab-
lished jobbers in New England We're
induced to throw out Independent
products as were those of Philadel
phia, New York and many other
places.
IL 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
ubiquitous" and one such as is "in-
hibited by a civilized conscience"
The advertising methods of the trust
are referred to as a means of influ-
encing both business and public senti-
ment and it is said that not less than
ten million dollars was expended in
this way in 1906.
He seems inclined to the view that
a receiver should be appointed for the
business of the parties to the combi-
nation and adds:
The very existence of certain de-
'endants is criminal and certainly
hey cannot rightfully complain be-
,ause restrained from carrying out
he unlawful purpose of their crea-
ion; they are wilfully in positions
where every act is a transgression.