The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-04
Famous Tobacco Trust
Case Now Being
Threshed Out.
COUNSEL GIVEN
TW WELVE HOURS
Attorney-General Pleads for Ex-
tension of Time, Owing to
Extreme Importance Of Liti-
cation - New Associate
Justice, Horace Lurton,
Takes Oath.

NAsH1NGTON, D. c., January a.
Argument In the Tobacco Trust case,
which has attracted much attention
because of the possible effect Of the
courts decision on antitrust legisla-
ton, was begun to-day in the supreme
Court OF the United States. and 1t Will
continue to hold the attention Of the
court for the next three days.
The court awarded twelve hours to
counsel, which Is three times the usual
time given to case In tho court. OF
this time the government Will have
five hours. counsel for the American
Tobacco Company four and half
hours. and counsel for the Imperial
Company OF Great Britain and the
United Cigar Company, two and half
hourn
In presenting the plea for an ex-
tension of time. Attorney General
Wickersham stated that no more i'm
portant case had ever come before the
court, and he said that time would be
necessary to present the facts as we'll
as the law.
The first presentation in behalf of
Assistant Attorney General Mercy
no1ds. ana Attorneys Johnson. Nichol.
Hornblower and Struck were present
In behalf Of the tobacco interests. At
torney-GeneraI Wickersham Will close
the case for the government. but he
viii not be heard before "Wednesday.
Wants to BE Heard.
In connection with the Tobacco
Trust case. former Representative
Sourke Cochran. of New York, To-Day
asked permission TO file brief, al
though not OF counsel In the case. He
said that in the court below he had
been mentioned In such way as TO
practically charge him with .criminal
conspiracy, and he desired to pre-
sent. his document az an Interested
party. The Attorney General made
formal opposition. and the court took
the request under advisement.
Mr.. Cockran's name was brought
into the case in the trial conrI
through the fact that be was a stock
holder In the Union Tobacco Com
pany. which was absorbed by tile
American company. and in his petition
he says that If the combination was a
criminal conspiracy he was party to
1t. He was opposed to the consoida-
liOi, Uut dCquleSCeu IN IL.
III" he says, "this accusation OF
one concern by the other were really
a step in criminal conspiracy. as has
your petitione.. and all other parties
directly concerned In the sale of the
Union Tobacco were parties to that
offense against the law
He adds that he did not believe at
the time that the act was unlawful.
Lurton Takes Onth.
The new associate Justice. Hon. Hor-
ace Fl. Lurton. of Tennessee, took his
seat on the bench OF the Supreme
Court Of the United States al the
incoming of the court at high
noon to-day. Following the reading
of Mr.. Lurton's commission by Clerk
McKenny. the oath OF Office was adj
ministered by that official In the pres
ence Of a distinguished array OF at
torneys and members of Congress-. AT.
ter kissing the. Bible on which the
oath was taken, Mr.. Lurton assumed
his seat on the extreme left OF the
Chief Justice.
After the c8"Night-Riders.v
The government is preparing to e.
after the "night-riders" nethe tobacco
districts of Kentucky and Tennessee
by beginning proceedings against the
Burley Tobacco Society.
Convinced that the society is COM
bination and a conspiracy under the
terms Of the Sherman antitrust law
the Department OF Justice Is investt-
eating It's operations on that ground
Agents have recently been sent to the
tobacco growing regions for the pur-
pose Of making inquiry concerning the
% {of3 3or
have reached the conclusion that the
organization is connected with the
depredations OF, the night-riders who
recently have created so much disturb.
ance in that section.
It is known that the officials in
charge OF the Inquiry have reached
tho conclusion that the organization
comes within the inhibitions of the
Sherman law, and there is now a Well
defined purpose to present the matter
to the courts. The department is.
however, undecided as to whether the
proceeding shall be civil or criminal
The Burley Society is a strong orr
&ganization composed largely OF far
gmers. and it is believed that when
taken the governments action will
create a sensation.
1t is oontended by the members OF
the society that they have been forced
to band themselves toge ther to resist
the operations of the American To-
sbacco Company. The company, the
members OF the society charge, sys-
8tematically depressed the market fol
Kentucky and Tennessee tobacco and
kept prices down to the lowest point
Further Justification for the creation
Of the society is set forth In the State
ment that the so-aalled tobacco trust
has driven down Its prices on raw to-
bacco, while making no reductions II
the finished products sold by IT. lanc
manpfacturedS from the Kentucky anG
Tennessee Leaf. a SEss s.l
Orler In boundary Case. i8i M
An order was issued to-day by tn.
Supreme Court In the boundary line
case between theS4 States of NORTH
Carolina and Tennessee ii irving each O:
the States ninety days IL % take testi
rnpny, The order tax kes effect tmme
Tg3 (Contlnued on Page Three go lumnT w ~