The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-26
NEW TRIALS AWAIT
COURTS DECISION
Prosecutions Hinge on Re
suit in Tobacco Trust
Case.
POINTS INVOLVED
IN PENDING SUIT
Sixty-fve Big Corporations In
VOWED in the One
Case.
By JOHN SNURE.

BY IOHN SNUkE-
Bic things are handing on the forth
coming decision OF the Tobacco trust /
case BY the United States Supreme |
Court
II IS doubtful II there has been a
case before the court since the Northern
Securities case in which such intense /
interest has been manifested IN business
ana financial circles On this decision, |
and that IN the Standard Oh case, viii /
depend to a great extent the course OF
the Federal Government with respect |
TO prosecution Ct bad combinations
and the course OF Congress with respect /
10 legislation for the control Of corpora
lions
In Government circles and IN big bust
ness circles the impression is strong JLlsll
the Government viii win the Tobacco
trust case. However. the Government
may win and the Interpretation OF the
Sherman law by the Supreme Court may
be sweeping and inclusive, or II may
be considerably restricted.
On the question of just how broad IS
the courts construction uf the sherman
law much hinges II vii be decisive
in some measure Of what prosecutions
the Department Of Justice win under
take on the score Of infraCtiou of the
Sherman law
Decision Expected Soon
IN the Tobacco trust case is looked for
any Monday. though It Is quite possible
that none viii be handed down until
after the STANDARD OIL case Is heard in
March.
As the Tobacco trust case has gone
10 the Supreme Court 4. consists really
Of two cases. one is that Of the Gov
eminent, appellant. VS.. the American
Tobacco Company and others, and TN
a--ss Tom asa.H
Company and Others. appellants, vs.. Ihs
Government Neither the Government
nor the American Tobacco Company
was satisfied with the decision Of me
circuit court for Che southern district Of
New York, though the decision on the
whole was a decided victory for the
Government
ME Tobacco trust case Is a Govern
meut proceeding against the American
Tobacco Company its officers, directors,
and affiliated corporations Tor the. our
nose Of seeking to prevent and restrain
mouOpOlies and restraints OF commerce
in tobacco and reisted commodities tu
violation Of the sherman antitrust Jaw
and certain provisions OF the Wilson
The original suit was fled BY the
CSoveru1.7e0l in The Southern New York
district, July 10. 1907. November z. 1895,
the circul court ha-1ded down It's de-
Cision, tire q .iud geS .cODcuTrIng and one
dissenting The decision dismissed me
petition as 10 the Individual defendants
the United Cigar stores Company the
Imperial TOJaCJ1 COMPANY ana the
Britlsh-Ame~i Can Tobacco Company and
its subsidiaries, and adjuGEed the other
defendants parties 10 computations IN
restraint Of trade and enJoined them;
adiudEed the American Tobacco Com
many the American SNUFF Company, the
American Cigar Company, the Ameri-
can StoEie Company and AacAndreyys
& Forbes unlawful combinations and
enjoined them from interstate com
MERGE Tt also prohibited lem from
control, one Of another Though owner
ship OF stock
What the magnitude o. the case Is
purely from the standpoint Ct the cap
ttsI OF the concerns Involved may be
Judged from the fact that there ere
sixty-fve defendant corporations, the
largest eight OF which have a capital
OF about 100000
Big Corporations Involved
These corporations with tlg-r capital
ars:
Imperial Tobacco Company 9fo00,00l
Havana Tobacco Company. $, .oof
American snuff Company -5-001,lo
American Cigar Company. 1f601. COL
American StoEie Company, = So, e9'
NaoAndrsws and orbes CO. 10000.
United cigar stores Company 1.65l, 90
One of The contentious OF the Govern
ment Is that the lower court erred in
dismissing the case as 10 The individual
defendants. If II wins out as To this
the officers and directors OF the Ameri
can Tobacco Company VIII be included
in the Supreme Court decree
Il was James b Duke and several
other tobacco princes who in 1880 or
Esuized the original American Tobacco
Company The story OF how that com
uanE has fought its way into the con
troll Of the greater share Of the TO-
baCco business Of the country IN less
than two decades, beating down itl
rivals, Is one Of the rOmances of Ameu
can Industrial history II was done u
the language of Attorney General Wick
ersham. by s'dmess, wicked and un
fair methods"
The magnitude Of the American 20
bacco business may in some measur
be Judged from the fact that in thi
country S0000o,O05 pounds Of the wee
are grown annually The uauufa ctur
Of this. in addition 10 the Importation
Of tobacco, into smoking. chewing. q
ears cigarettes and snuff and their sal
constitute an enormous business.
II the Government wins its suit.
body blow VIII be dealt 20 the fabri
OF which James b Duke laid the foun
cation and The Tobacco trust viii hav
70 overhaul completely the methods tina
have made II enc Of the worlds great
est industrial combinations