The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1910-01-04
G:y the Associated Press.)


CEy the Associated Press.)
Washington, D.. c., Dec. 30.-In I
printed brief of 26S pages Attorney
General Wickersham, and his special
assistant, J. c. M~cTeynolds, today pre-
sented to the Supreme Court of the
United States the case of the govern
ment in the famous tobacco trust
cases, which Will be argued next week
in that court.
The cases were tried in the United
States Circuit Court fer the southern
district Of New York, which after
Diminishing the petition as to foreign
tobacco companies and some of the
subordinate American companies, ad-
Judged the other to be parties to an
unlawful conspiracy and ~enjoined
them from continuing their operations
and from engaging in interstate COM
merce.
After showing that in 1890 COMPETE
ton vas free, the various coalition
are traced in the document and facts
are given to show hat h combina-
ton has grown until its combined as
sets mount to $500, 000, 900. 1t is as
serted that the combination manufac-
lures all of the cigarettes for export
and almost three-fOurthS of the Snlok~
ing tobacco and of the cigarettes tor
domestic sale, more than th~ree-tOurthS
of the plug, twist, and fine cut to-
baccO and almost all Of the snuff ana
little cigars that are made. 1t is de-
clared that the defendants have per-
sistently exercised duress, nave prac-
ticed wicked and unfair methods, and
used their great power in oppressive
ways Further, it is asserted that they
have been actuated by a fixed purpose
to destroy competition and obtain
monopolies. Competitors have grad
ually disappeared and the combina-
ton, now strongly e~ntrenched, unduly
restricts the business of those in the
trade and prevents others from enter
ing"
Putting aside, for the time, the eff
feet OF the Sherman antitrust law,
under which the suit was brought, it
is commended that the combination I'M
der the name Of the American Tobacco
Company was illegal when it was en-
tered into in 1890 because it was con-
trary to the common law.
Coming to specific instances rela-
tive % the operations Of the trust, It
is declared that substantially all es-
tablished jobbers in New England
were induced to throw out independ-
ent products. as were those of Phila-
delphia, New York and many other
specified places.
It is also asserted that "bushwhack-
ing" methods were ~resorted to in the
use of union labels, and the method
in this proceeding is denounced as
'inquitous,' and one such as is Gin
hihited by a civilized conscience" In
deed, it is declared hat the record
contains much evidence and q vast
deal Of correspondence concerning
the operations Of these bushwhacking
companies which disclose amazing de-
pravity and shows with clearness how
tho4o ~~fnister agencies were effectively
Utilized"
The advertising methods of the
trust are referred to as a means of
influencing both business and senti-
ment. and 1t IS said that not less thar
ten million dollars were expended in
this way in 1906.
"Competition has been persistently
DESTROYED; scores of contracts have re-
tired skilled men from the trade;
many nave been forced out; and the
necessary result of the plan long fol-
lowed has been to give the
power to exclude others and exercise
monopoly says the a~ttorney-gene al
He GEMS inclined to the view that
a receiver should be appointed Coz
the business of the parties to the COM
blnation and he adds:
The very existence Of certain de-
fendantS is criminal and certainly they
cannot rightfully complain because re-
strained from carrying out the unlaw-
full purposes of their creatiOn; they
the Wilfr]ly in positions where every
act is q tranSgreSSiOn.'
Wisdom is always good to learn,