The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-30

every conceivable act which could
possibly come within the spirit or
purpose of the prohibition Of the
law without regard to the Garb in
which such acts were clothed were
embraced within the law
The court next took NJ the prob
lem Of determining whether The acts.
contracts. combinations. etc, COM
pl9ined OF were Of such AN unusual
and wrongful character as 70 bring
them within the prohibition OF the
law"
On this point the chief Justice
said:
'The history OF the combination is
so repleic With the doing Of acts
which II was the obvious purpose OF
the statute TO forbid, so demonstra-
tive of the existence from the begin
ming of purpose Ia acquire domin-
ion and control of the tobacco trade.
not by the mere eXertion OF the or
dinsrv right to contrac, and TO trade.
but by methods devised in order to
monopoize the trade by driving
competitors out of business. which
were ruthlessly carried out upon the
assumption that 10 work upon the
fears or play upon the cupidity OF
competitors would make success pos
sibo.
I'VE say these conclusions are in
eritable. NOT because OF the vast
amount of property aggregated by
the combination. not because alone
OF the many corporations which the
proof shows were united By resort
to one device or another.
Proof Is Overwhelming.
Again. not alone because Of the
dominion and control over the trade
which actually exists. but because we
purpose and illegel combination Is
overwhelmingly established by the
following condition:
"(sD BY the fact that the very
,,.,.lt
impelled by n previously existing
fierce trade war. evidently inspired
by one or more of the minds which
brought about and became parties TO
that combination
"(b) Because Immediately after
the combination and the Increase of
capital which followed. the acts
which ensued Justify the inference
that the intention existed 10 use the
power OF the combination as a van
tagc ground to further monopolize
the trade In tobacco by means OF
trade conflicts designed to injure
others: either by driving competitors
out OF business or compelling them
TO become parties TO n combination
a purpose whose execution was IL
lustrated by the plug war which en-
sued and its results. by the snuff
war which followed and its results,
and by the conflict which imme-
diately followed the entry OF the
combination in England and the d.
vision OF the worlds business by the
TWO foreign contracts. which en-
sued
"(c) BY the ever-present manifes-
tation which is exhibited of a con-
Scious wrong doing by the form in
which the various transactions We're
embodied from the beginning. ever
changing but ever In substance the
same. Now the organization OF
new company. now the control exert
ed BY the taking OF stock in one or
in 10 nj
scure the result actually attained;
nevertheless uniform in their mani
fcstations OF the purpose to restrain
others and TO monopoiZe and retain
power in the hands OF the few who,
it would seem from the beginning,
contemplated the mastery OF the
trade which practically followed.
Perpetual Barriers Raised.
f(d) BY the gradual absorption OF
control over all the elements essen
tal TO the successful manufacture OF
tobacco products and placing such
control in the hands of seemingly
INDEPENDENT corporations, serving as
perpetual barriers TO the entry OF
others into the tobacco trade.
"Ce) BY persistent expenditure OF
millions upon millions OF dollars in
buying out plants. not for the pur-
pose OF utilizing them. but in order
to close them up and render them
useless for the purpose OF trade.
20 BY the constantly recurring
stipulations. whose legality. isolut-
cdiy viewed. VIC are not considering.
by which numbers OF persons, wheth
cr manufacturers. stockholders or
employees. were required To bind
themselves. generally for long pc
riods. not 10 compete in the future.
Indeed when the results OF the
undisputed proof which we have
stated are fully apprehended and the
wrongful acts which they exhibit are
considered. there comes inevitably
TO the mind the conviction that it
WAS the danger which It was deemed
would arise to individual liberty and
the public well-being from acts like
those which these records exhibit
which led the legislative mind 10 con-
ceive and To enact the antitrust act,
considerations which also serve so
clearly 10 demonstrate that the COM
blnation here assailed is within the
law. as to leave no doubt that 1t is
our plain duty TO apply It's prohibi
TONS
Remedy to Be Applied.
Lastly. the chief Justice took up
consideration or the remedy To be
applied. With the combination. as a
whole. with all It's cooperating and
associated parts. violating both the
first section OF the Sherman law. in
regard 10 The restraint of trade. and