The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1910-02-19
PROBLEM
TO BE DECIDED
Decision Of Supreme Court in the
Tobacco Trust" Cases" of
Much Importance.
WILL HAVE WIDE INFLUENCE
Suit Brought by United States Against
American Tobacco Company Cow
ers Practically Every Phase
of Situation.

Washington d. c., Feb. 19.-Follow-
ing a recess of several weeks the su-
preme court of the United States will
reconvene Monday-to hand down a
decision the consequences OF which to
the world of finance, industry and poll
ties can scarcely be exaggerated. The
decision will relate to the famous 'to-
bacco trust" cases, involving the inter-
pretation of the Sherman antitrust
law. Practically, the life of that
monopoly busting statute hangs
the word Of the court of last appeal.
If the decision is i'm favor OF the
government, and the president, the
members of his cabinet and many of
the best lawyers in congress believe
it will be. the days of the trusts are
numbered and they must all go out OF
existence unless congress passes a law
amending the Sherman statute, but II,
on the other hand, the decision of the
court is adverse TO the government tho
trusts can continue TO do business
without fear until a new law is passed
by congress.
The tobacco cases are unique In
that they are believed 10 cover every
phase of the much discussed trust
problem. The suit was brought by the
United States against the American
Tobacco company and involves the
question Of whether that company and
it's related concerns are combinations
in restraint OF trade and whether, uu-
der the sherman law. they should be
put out of interstate trade and their
intercorporate relations terminated. II
the supreme court construes the law
| broadly and stands by the opinion
rendered by Judge Lacombe, OF the
circuit court for the southern district
Of New York, bringing within its pro-
visions amy contract or combination
whose direct effect is TO prevent the
free play of competition and thus de-
prive the country Of the services Of
any number of independent dealers
or read only the letter of the law, the
decision will have a far-reaching ef-
feet Politically the consequences OF
4 decision either way must be momen-
tous. especially so as to the majority
party I'm the event Of the defeat of the
government Political leaders here,
closely rejecting the mind of leaders
Of industry. express the more or less
vague hope that the court should its
Judgment sustain the government. viii
IN handing down its decision, point
out some measure of that relief which
from any point Of view appears outside
the possible range of legislation.
Just when the decision will be rem
Tered no one knows. as the supreme
court Is a law unto itself. 1t may hand
down its opinion Monday, or it may
defer il for weeks or months. I'm this
connection an interesting complica-
ton may be cited. The supreme bench
is composed OF nine members but one
" its members Is debarred from sit
ling in this case. That member is Jus
tice Moody who, as attorney general
initiated proceedings against the to-
bacco trust. He is at present kept
away by illness. but even II he were
well enough TO attend he could take
no part i'm the decision i'm the tobacco
case as a justice who prior TO his
elevation to the bench was an attor-
ncy for one Of the litigants is of courre
not permitted to pass upon the case
i'm which he had an interest.
Justice Moody's disqualification
lcaves the bench with an oven numbeE
md that circumstance has given rirs
10 a good deal Of discussion. or re-
cent years nearly all Of the important
decisions involving great constitu-
tional questions have bten decided hy
a divided bench Of FIVE 10 four. Now
with only eight judges on tho bench
there might be an even division, which
would be regarded as extremely ur-
fortunate. To prevent that and "a
give some Of the justices time for fur
ther consideration is one reason why
the momentous decision may be delay
cd for some time.