The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-02-25
DECISION OF SUPREME COURT OF
U. S. IN TOBACCO CASE 70 BE
HANDED DOWN LATER
AFTER THE STANDARD HEARING
Claim is Set Forth that the Two
Cases Are Essentially kindred-hll
Phases Of curbine Of Capital Repre-.
sented IN the Two Cases.

supreme court Of the United states
has vouchsafcd no intimation on thu
subiec', II is generally supposed here
that the decision in the case OF tn
American Tobacco company. which
has already been argued before the
court, will not be- handed down at lcas,
until after the argument in the case
of the Standard OH company. which
is set FOR March II. Attorney General
Wickcrsham, In his motion to advance
the hearing oi the latter case, de-
scfibed the two as essentially kindred
and suggested to the court that they
be considered together
Lawyers here generally concur
the statement made by Nj Wick,G.
sham to the court, tha; these two
cases together present for its cousid.
Grafton practically the entire range Of
modern industrial organizations 20
this country" AMI substantially oye-y
feature OF the trust question so d.
as u falls within the purview Of the
sherman antitrust law Vet they az
not precisely alike: indeed II is said
that the court might find in favor %
the government in one case. and
against it in the other
The two cases are alike in that they
are proceedings in equity To- enioin
alleged violations of the law of n
land. neither is in its essence Grim.
inal action. in neither does the gov.
ornment seek to procure either impris.
onment of individuals or exemplary
fines upon the defendants In both
suits the charges pressed are those
alleging unlawful combination and
conspiracy in restraint OF interstate
trade and commerce. and continuing
monopoly, or attempted monopoly. OF
important elements in interstate com.
mcrcc.
The Standard Oil company OF New
Jersey is attacked as a "holdns com
pany.' Out of its 100000 900 capitu
stock. over s97,0O0.0OG was exchanged
in 1899. according 10 the government
figures. for stock in nineteen other
corporations. engaged in the various
branches Of the petroleum business.
The American Tobacco Company rs
alleged 10 be both holding and an
operating company /. is actively on.
gagged in the tobacco business, owns
its own shops and sells the manufd'-
turcd products I'm the case of the
Standard oil company, the raw pro.
duct is to an extent produce by thr
corporation in tha. OF the tobacco
combination the raw material is pur-
chased
While the sherman law does MOI
specifically prohibit the organization
of holding companies. the supreme
court declared in the Northern Secur.
tiles case that the holding company
cons itutcd an organization in ro-
straint OF trade and commerce.
The government charges that from
the time OF the organization of tao
Standard Oil company in 1899 mon.
opoly was obtained; that in fact for
years prior 20 tina. virtual monopoly
had existed. and that the various
forms which the conspiracy aleg d
against the oil company has taken
have been merely adaptations to the
changing needs and conditions Of the
times.
In the Tobacco ease. /. is allies 4
thai originally when the merger vas
consummated in 1890, there was
monopoly only in the cigarette trade.
the defendants claim that the control
Of the business then secured has sine
materially dwig died
The Standard Oils counsel have
contended that the corporations viii i
in 1899 entered into the agreements
complained Of haA long since ceased
10 be- competitors. In the Tobacco
case, the defendants contend that
Wv " dNAS Hihf Dtfl AOllIllA'u llltltlN
10 the acquisition OF manufacturin-
property that manufacturing corpora.
tionS are under no legal obligation
TO competo-'he prohibition bpi"g
az inst specihc agreements TO sup.
pr IS competition, non-compctitiOn rs
the result OF the acquisition Of proE,
crty is. the defendants insist. no. %
violation OF the statute
Another difference between the two
cases lies in the fact that the stand
ard oil company is charged with Of
fense against the sherman law alone
the Tobacco corporations are charged |.
with offending also the Wilson tariff