Bisbee daily review., 1911-05-30

said the acquisitions had been proper and that DO intent to restrain trade or monopolize. trade had prompted the creation of the corporations.
 Retail Trade Also
 In addition. is was charged that the American Tobacco company acquire. control of the United Cigar Store company, which conducts retail store in large cities, and thereby was seeking dominion in the retail busi ness. an avenue absolutely necessary to effective competition,
 The tobacco organization was charged with having a monopoly Of the licorice paste, required in the manufacture of tobacco, the MacAn- drews & Forbes company, organizea by the Continental, having no com petitor, it wag said.
 1t was also said that the defend ants had a monopoly in the tin foil business, the Conley Foil com pany of which the American Tobac- co company held a majority of the stock, producing 75 per cent of the tin foil manufactured in this coun- sry. Both the licorice and ii foil monopolies were said to haV been obtained in violation of the Sherman anti trust law.
 Another phase of the litigation con. cerned the foreign trade. The peti- tion charged that the American To- bacco company had entered into contracts with the Imperial TObaecc cont any, the 50 called British Trust" whereby the latter should limit it's activities to Great Britain except as to the purchase of a cer- tain amount of leaf in America and the former should limit it's business to the United States. It was all leged that the two trusts" organized the British American Tobacco com pany to take over the export bust ness of both and divide the world between them. These contracts were made in Great Britian.
 Restraint of Commerce
 The Circuit court found that there existed a restraint of commerce, but nothing about the charges of monop- oliZing. In it's decree the court dis- missed the petition as 10 the Imperial company and the British American company and from this feature Of the decree the goyernmen. appealed to the Supreme court It dismissed the petition as to the United CIga, Stores company, and from this, too, the government appealed.
 Both Sides Appeal.
 The Circuit court decreed tha. the American Tobacco company, the American Snuff company, the Ameri- ican Cigar company, the American Stogie company and MacAndrews & Forbes company were unlawful com binations and restrained them from engaging in interstate or foreign commerce. From this. the defendants appealed to the Supreme court. So did the government. The government objected because the Conley Foil compa-y and the individual defend, ants, headed by James B. Duke, were i not made parties to the conspiracy ] to restrain and because all were not l held to be attempting to monopolize. i
 Companies Enjoined
 The circuit court decreed that the l American Tobacco company, the American Snuff company. the Amerl- can Cigar company, P. Lssillard con- pany, R. J. Reynolds Tobacco com pany. Blackwells Durham Tobacco company and the Conley FSIl com pany held shares in specified corpor. stions and enjoined them from ac- quiring the plants or business or voting the shares of and from ever cising control over the subsidiary | companies. and enjoined the "subsi- diary companies from permitting control. Both the defendants and