The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-11-11
TOBACCO TRUST CASE.
FEW NOTIFICATIONS IN PLAN
PROPOSED FOR DISSOLUTION
OF COMBINE.
Federal Tribunal Unable to Pro-
vide For Five Year Trial of Prop
OsitiOn--Rcceivership and Sale
Penalty For DisObedience.

New York, Nov. S.-The litigation
which the federal government begun
four and a half years ago to break
up the American Tobacco company
as a monopoly in restraint of trade,
approached the stage Of completion
today by judicial acceptance, with a
few notifications. Of the much dis
cussed plan which the Tobacco COM
pany itself drew up for dissolution
Of the combine In accordance with
mandate Of the United States SUI
'preme court.
The decision of approval was filed
by Judge Lacombe Of the United
States circuit court soon after stock
market hours this afternoon and sup
Elementary opinions were filed BY
Judges Cox and Noyes concurring
generally with Judge Lacombe. No
one Of the judges regarded the plan
as perfect, but all declared that the
ideal was beyond attainment and that
as a practical, substantial compliance
with the law, the plan, as slightly
modified. appeared the best attain
able. -'~'-''''-''
Each judge asserted his belief that
the plan Is honest and that there is
no question Of the good faith of It's
authors. Judge Ward. the fourth
member OF the court, who attended
some Of the conferences and sat
with his associates at the open hear
ing. filed no opinion.
The features Of the opinions of
Judges Lacombe. Noyes and Cox are
that the dissolution should be con-
summated without delay; that the re-
quest OF Attorney General Wicker
sham for the reservation by the gov
ernment Of right to apply for further
or other relief within a period Of
Ave years If the plan did not result
In harmony with the law is declar-
ed not to be within the authority Of
the court to grant; that the court
does enjoin for a period of three
years the 29 individual defendants IN
the suit from acquiring any addition
al holdings in the companies into
which the trust is split: and that the
application made by Independents for
dissolution Of the United Cigar Stores
company lay outside the authority If
the court but that this did not pre-
clude any independent action later
against the Cigar Stores company as
an individual corporation.
The announcement of the courts
action was followed almost imme-
diately by the declaration of coun-
sci for several of the opposing to-
bacco interests that an attempt un-
doubtedly would be made to have
the decision reviewed by the United
States supreme court.
Judge Noyes drew a general moral
from the case. In conclusion he said:
"The extent to which 1t has been
necessary to tear apart this combi-
nation and force It into new forms,
with the attendant burdens. ought to
demonstrate that the federal anti
trust statute is a drastic statute
which accomphshes effective results,
which, so long as it stands on the
statute books. must be obeyed, and
which can not be disobeyed without
mourning far-reaching penalties. And,
on the other hand. the successful re-
construction of this organization
should teach that the effect OF en-
forcing this statute against Industrial
combinations is not to destroy but to
recreate in accordance with the con-
ditions which the congress has de-
clared shall exist among the people OF
the United States"