The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-05-31
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WASHINGTON. D. c.. May %
The government won a sweeping VIC
tony over the so-called Tobacco
Trust when the supreme court or
the United States held that the
American Tobacco company and its
allied corporations had been operat-
ing in violation of the Sherman anti
+rust law. BY directing that the COM
b.7ation be forbidden from the privi-
Iare of interstate commerce or be
placed in the hands of receiver I'M
less it disintegrates in harmony with
la within six, or at the utmost elght
months. the court is regarded to
have dealt with the Tobacco corpora
tion more drastically than with the
Standard Oil company, OF New Jer-
sew. the dissolution of which was Or
dered two weeks ago
Both the first and second sections
of the Sherman antitrust law has
been violated by the so-called tobacco
trust according to the court MOI
only has it restrained wrongfully and
unlawfully interstate commerce IN
the ewes of the court, but it has at
tempted to monopolize the tobacco
business to injury of the public and
of it's competitors.
Decree Is Severa
While the decree is regarded as un-
usually severe, at the same time there
was a touch of leniency in not ma
king the combination an outlaw. The
various elements of the combination
are to be given the opportunity, under
the supervision of the United States
circuit court of the northern district
of New York of recreation. so there
may be brought about new con-
ditfon which shall be honestly in har-
mony with ana not repush@nt 10 phe
law
The opinion of the court was de-
liyered by Chief Justice White, who
also delivered the opinion of the
court in the STANDARD Oil case. The
entire court agreed that the tobacco
combination violated the Sherman
anto-trust law, but Justice Harland
dissanted from the repeated interpre-
tation of the Sherman antitrust law
SO as to call for the application of
the rule of reason" in determining
what restraints of trade were forbid
den by the act. In this respect the
division of the court was the same
as in the Standard on case
Harlan Not Anxious
Justice Harlan also took issue with
the rest of the court as to the reor-
ganization of the Tobacco company,
saving he had found nothing in the
record which made him lat all anXi-
Gus to aid in the perpetuation OF
these companies which were clearly
in the opinion of all the court guilty
of wrong doing"
In commenting on the tobacco
combination. Justice White said
1.-THE history of the combination Is
renlete with the doing of acts which
it is the obvious purpose Of the stat
ute to forbid, and Demonstrates its
purpose from the beginning to ac-
ouire domination and control of the
tobacco trade, not by mere eXertion
Of the ordinary right TO contract and
to trade, but by methods devised in
order to monopOlize trade by driving
competition out Of business, which
methods We're ruthlessly carried out
NO nthe assumption that TO work
upon the fears or play upon the cup
iI.ty Of compe tors, would make sue
cess possible
Not a Reversal
Justice White reverts to the Stand
ard OIL case, and at length discusses
the rule Of reason" in the constIuc-
ton Of the Sherman law He de
clared that the supreme court had not
reversed itself in ruling as il did in
the standard Oil case, despite the
fact that contrary view is Sorne-
times enormously attributed to some