Evening journal., 1911-12-05

clearly OenneO. lt does not rest IN the
discretion of the court. II must be
limited to accomplish the purpose of a
lawful main contract TO which in order
that 1t shall be enforceable at all It
must be incidental. II it exceed the
needs Of that contract It is void.
The test of reasonableness was never
applied by the court at comman law
to contracts or combinations or con.
spiracies in restraint Of trade whose
purpose was or whose necessary effect
would be to stihe competition. to con-
troll prices or establish monopolies.
The courts never assumed power to
say that such contracts or combina-
tions or conspiracies might be lawful
If the parties to them we're only mod
crate in the use Of the power thus Sc
cured and did not exact from the pub
lie too great and exorbitant prices. II
is true that many theorists and others
engaged in business violating the stat
ute have hoped that some such line
could be drawn by courts. but no court
of authority has ever attempted it.
Certainly there IS nothing in the deci-
sions of the latest two cases from
which such a dangerous theory Of ju-
dicial discretion in enforcing this stat
ute can derive the slightest sanction.
Force and Effectiveness of Statute .
Matter of Growth.
We have been twenty one years max
ing this statute effective for the pur-
poses for which it was enacted. The
knight case was discouraging and
seemed to remit to the states the whole
available power to attack and suppress
the evils of the trusts. Slowly. howev-
er. the error Of that judgment was cor
rected. and only in the last three or
four years has the heavy hand Of the
law been laid upon the great illegal
combinations that have exercised such
an absolute dominion over many of our
industries. Criminal prosecutions have
been brought and number are pend
ing. but juries have felt averse to con-
victing for Jail sentences and judges
have been most reluctant to impose
such sentences on men Of respectable
standing in society whose offense has
been regarded as merely statutory.
Still. as the offense becomes better un-
derstood and the committing Of it par
takes more of studied and deliberate
defiance of the law we can be conf
dent that juries will convict individu-
ais and that Jail sentences will be i'm
posed.
The Remedy In Equity by Dissolution.
In the Standard Oil case the supreme
and circuit courts found the combina-
ton to be a monopoly of the interstate
business of refining. transporting and
marketing petroleum and its products,
effected and maintained through thir-
ty-seven different corporations, the
stock of which was held by New Jer-
sey company. 1t in effect commanded
the dissolution Of this combination. di-
rected the transfer and pro rata distri-
button by the New Jersey company Of
/ the stock held by it in the thirty-seven
corporations to and among its stock
holders. and the corporations and indi-
vidual defendants were enjoined from
conspiring or combining to restore
such monopoly. and all agreements be-
tween the subsidiary corporations tend
ing to produce or bring about further
violations of the act were enjoined.
In the tobacco case the court found
that the individual defendants. twen-
ty-nine in number. had been engaged
in a successful effort to acquire COM
plete dominion over the manufacture,
sale and distribution of tobacco in this
country and abroad and that this had
been done by combinations made with
a purpose and effect to stide competi-
ton. control prices and establish a
monopoly. not only in the manufacture
of tobacco, but also of tin foil and lic-
orice used in its manufacture and Of
its products of cigars. cigarettes and
snuffs. The tobacco suit presented a
far more complicated and difficult case
than the Standard Oil suit for a decree
which would effectuate the will Of the
court and end the violation Of the stat
ute There was here no single hold
ing company. as I'm the case Of the
Standard Oil trust. The main company
was the American Tobacco company,
a manufacturing. selling and holding
company. The plan adopted to de-
stroy the combination and restore com
petition involved the redlvision Of the
capital and plants Of the whole trust
between some of the companies con-
sdtutng the trust and new companies
organized for the purposes Of the de-
cree and made parties to It and num-
bering. new and old. fourteen.
Situation After Readiustment.
The American Tobacco company
(old), readiusted capital S92O00O00;
the Lsggett & Meyers Tobacco company
Cnewl. capital SGT 100000; the P. Loril-
lard company newl. capital S47,000,-
600. and the r. ]. Reynolds Tobacco
company Coldl, capital S7,525.O00. arc
chiefly engaged in the manufacture
and sale of chewing and smoking to-
bacco and cigars. The former one tin
foil company is divided into two. one
Of Ss25.OOO capital and the other of
S4000C0 The one snuff company is
divided into three companies. one with
a capital Of S15.O0O.O00. another with a
capital Of Ss.O0O.O0O and a third with
a capital Of SS.0O0.OO0. The icorice
companies are two. one with capital
Of S5.75s30O and another with a capi,
tai of S2,O00OOO. There is also the
British-American Tobacco company. a
British corporation. doing business
abroad with a capital OF S26.O00.O00
the Porto Rican Tobacco company
with a capital Of $1.S0O.0O0. and the
corporation Of United Cigar Stores
..-ftL . o, ,rftoT % 60 nOn Onn