The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-02-22
OF Trust Hangs Upon A
Decision
To Be Handed Down By
Supreme Court

Washington, d. c., Feb. 19-Follow-
ing a recess OF several weeks the Su-
preme Court of the United States will
econvene Monday-to hand down a de-
ision the consequences of which to the
world OF finance, industry and politics
can scarcely be exaggerated. The de-
eision will relate to the famous "tobac.
co trust" cases, involving the interpre-
tation OF the Sherman antitrust law.
Practically, the life Of that monopoly
busting" statute hangs on the word
of the court OF last appeal
II the decision is in favor of the Gov
ernment, and the president, the mem
bers of his cabinet and many of the
best lawyers in Congress believe 1t will
ed and they mast all go out of exist
ence unless Congress passes law
amending the Sherman statute, but if,
on the other hand, the decision of the
court Is adverse to the Government
the 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 to 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 its related
concerns are combinations In restraint
OF trade, and whether, under the Sher-
man law, they should be put out of in
terstate trade and their intercorporate
relations terminated. If 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,
ringing within its provisions "any con-
tract or combination whose direct ef-
feet Is to prevent the free play of COM
petition and thus deprive the country
OF the services of any number of inde-
pendent Dealers" or read only the let
ter OF the law, the decision will have
far-reaching effect. Politically the
consequences of decision either way
must be momentous, especially so as
to the majority party In 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 It's judgment sustain the
Government, will, 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.
dered no one knows, as the Supreme
Court is law unto itself. 1t may
hand down its opinion Monday, Or 1t
may defer 1t for weeks or months.
In this connection an interesting com
plication may be cited. The supreme
bench Ii composed of nine members,
but ono of its members Is debnrred
ber Is Justice Moody, who, as Attor,
ney General, Initiated proceedings
against the tobacco trust, He Is at
present kept away by Illness, but ev-
en- IL he were well enough to attend
he could take no part in the decision
In the tobacco case as a Justice who
prior to his elevation to the bench
was an attorney for one of the litl.
gants Is Of course not permitted to
pass upon the case in which he had
an interest.
Justice Moody's disqualification
leaves the bench with an even mum
ber, and that circumstance has given
rise to a good deal OF discussion. or
recent years nearly all of the import.
ant decisions involving great constl-
tutional questions have been decided
by divided bench of Ave to four.
Now with only eight judges on the
bench there might be an even dlvi.
Bion, which would be regarded as ex-
Gemely unfortunate To prevent that
and to give some of the Justices time
for further consideration is one rea-
son why the momentous decision may
be delayed for some time.
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PRESlDENT TAIk2 To p1pII G