Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1911-05-30
Supreme Court Finds That It Has COnSpired
to Monopolize the Tobacco Business
GIVES 1T SIX MONTHS TO REORGANIZE
Lower Court Has Authority to Extend Reorganization
Period Two Months-Harlan Dissents Again on "Rule
of Reason" and Also the Reorganization Privilege
Government Scores Practically Every Point

it, a new condition which shall be
honestly in harmony with and not re-
pugnant to the law.
Six Months for Reorganization.
Third-That for the accom- plishment
of these purposes, taking in view the
difficulty of the situation, a period Of
six months is allowed from the receipt
of our mandate with leave, however, in
the event. in the judgment of the
court below, the necessities of the sit
uation require. to extend such period
to a further time not to exceed sixty
days.
Injunction or Receivership.
Fourth-That in the event. before
the expiration Of the period thus fixed,
condition of disintegration in Flar-
mony with the law is not brought out,
either as the consequence of the action
of the court in determining an issue
OF the subject or in accepting a plan
agreed uron, it shall be the duty of
the court, either by way of an injunc-
tion restraining the movement of the
products of the combination in the
channels of interstate or foreign COM
merce or by the appointment of a re-
ceiver, to give effect to the require
ments of the statute.
Shall Not Enlarge Its Powers in Mean
time.
Pending the bringing about of the
result just stated. each and all of the
defendants, individuals as well as cor
pcrations Should be restrained fror-
doing any act which might further ex-
tend or enlarge the power of the COM
bination by any means OF device what
'soever. In view of the considerations
we have stated we leave the matter
to the court below to work out a COM
pliance with the law without unn aces-
sary injury to the public or the rights
of private property.
Reversal of Lower Courts Decree.
While in many substantial respects
our conclusion is in accord with that
reached by the court below. and while
also th9 relief which We think should
be awarded in some respects is coirici
dent with that which the court grant
ed, in order to prevent any complica-
tion and to clearly define the situation
we think instead of affirming and mod
flying our decree, in view of the broad
nature Of our conclusions, should De
one Of reversal and remanding. the
costs In this court TO be borne by the
defendants below, with directions to
the court below to enter a decree in
conformity with this opinion and to
take such further steps as may be
necessary to fully carry out the direc-
IS SO ORDERED
justice farian's Dissent.
Associate Justice Harlan delivered a
vigorous dissent, though he agreed that
the merican Tobacco cornpanv and
it's accessory and subsidiary corpora
tipns were members of an unlawful
combination OF the Sherman antitrust
act
Not Anxious to Perpetuate New Com
biration.
His dissent hinged on two points:
FIRST. he took issue with the court for
sending the case back to the lower
court. 'T nave found nothing in the
record he said which makes me at
all anxious to perpetuate any new com
D1nation among these companies which
The court comedies had at all times
e&hthlted a conscious wrongdoing."
Objects to "RuIe of Reason
In the second place, he reiterated
the objections he expressed in the
Standard Oil decision two weeks ago
to the adoption of the rule of reason"
as a standard for ascertaining what
restraints os trade violate the Sher-
man antitrust law.
Will Give a Written Opinion. Later.
II concur with some things said in
the opinion just delivered for the court.
bur some observations are made in the
opinion frcm which / am compelled to
withhold my assent What 1 have now
to say must necessarily be oral, for
the courts opinion was not delivered to
me until late Saturday evening, and it
has been imrc ssible for me since then
to put in writing the views which [
deem it necessary to express. I do
not refer to this by way of complaint.
for the delay in delivering to me a
copy Of the opinion of the court has
10 doubt teen una voidabIe. 1 viii
hereafter prepare and file a written
opinion expressing my views fully"