The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-04-13
GOVERNMENTS PURPOSE
TO FORCE DISSOLUTION
Declared a Combination Which
InteTleTed with COmpetI-
lion In Trade
(By Associated Press.)

(By Associated Press.l
Washington, d. c., April 13-ln so
ial as the decision below Of the Unit
ed states circuit court was against
the tobacco men, ii was against them
Oh the broad ground that there was
a combination which interfered with
competition in trade and all sucn
combinations wee declared TO be pro
mbited By the Sherman law. The
law was conceded to be drastic,
ard little doubt was left that it did
not meet the approval of that court
The governments proceeding was
against the American Tobacco com
pany and Go allied concerns and their
officers all of them were charged
with forming and maintaining a
trust. The suit was based on allega-
tons of violation OF the Sherman
antitrust law and also of some OF
the provisions of the Wilson-Gorma9
tariff law The purpose of the gov
ernment was to force the dissolution
Of the combination and the destruc-
ion of what was decla ed TO be a
monopoly Of the tobacco business in
restraint of commerce, not only in
the United States, but throughout q
large part of the tobacco using
world
Three Opinions Rendered
Four judges sat in the hearing OF
he case in the trial court, and whih
three of them ultimately found com
mon ground fos verdict, they were
so divided in their respective lines
Of reasoning that each propounded an
opinion OF his own
In general terms the verdict was
a declaration Of guilt for Il majority
OF the corporations on the gfounG
that they constituted a combination
contrary TO the law, and while an in
junction against these combinations
was granted there was no pronounce
ment on the subject of monopoly
which the government especially
sought to Obtain
The bill as to the United Cigar
Stotes company, domestic corpora
tion, was dismissed, as were also the
bills against the Imperial and Brit
ish American companies, English
corporations, and their subordinate
American concerns, twithstandng
the contention by the government
that the Cigar Stores company was
the retail instrument of the trust in
this country and the English com.
panies, the foreign divisions of It.
The dismissal in the case Of the
Cigar Stores company was due to a
failure on the part of the circuit
court TO find that there had been any
exercise of control over it by the
trust restricting the freedom of trade,
and In the cause of the two foreign
corporations 10 the circumstance that
the contract for the distribution OF
foreign business was made In Eng.
! land.
Combinations Declared Unlawful
Dlsregardine the plea Of the gov
ernment on the point of monopoly.
he circuit court adiudged the Amerl-
can Tobacco company and many Of
The subordinate general companies
to be parties to an unlawful combina
tion: to be each in itself an unlawful
combination. and eaen to be hold
er of shares in other companies They
were enioined generally from continu
ing in the combination or from do
| ing anything in futtneranee Of II.
from engaging in Interstate and for
eign commerce, and from acquiring
The plants or business or exercising
control over issuing companies The
issuing companies also were enjoln
ed against permitting such control
The bills against the officials of the
various companies who were includ
ed In the original complaint were dis
missed.
Both the government and the to
bacco companies appealed the eas'
10 the Sup eme cOurt-ihe former be
cause Of the failure 20 include all ih'
defendants in the prohibition and als'
because of the limited scope Of th'
verdict as to the others, and the com
panies, ON the general ground tina
there should have been no verdict a
all against them.
Arguments Unusually Long
The argument Of the case IN thu
Supreme court consumed three time
as much lime as Is ordinarily allow
ed for the presentation of cases. Tn
government which was Represented
In the hearing by Attorney Genera
Wickersham and Special Assistan
Attorney General McReynolds, mad
the most sweeping charges coneerr
ing the combination They sough
especially TO have the exempted Of
ganlzations included In the prohib
zion, declaring that the Imperial con
paDy had been so manipulated as I
provide for complete monopoly an
division Of the tobacco business {
the world An effoft also was mad
TO have the verdict Of the lowe
court so extended as 10 have th
entire combination declared mon'
oily in restraint OF trade On beha
OF the companies 1t was conteDde
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