The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-11-09

~ ne4e0oa4lous Of the pssc. some 81
: ~ most drsstic provisions being IN
eostea y order to meet or asftd his
<Tjtecl1Gns." He Rays also that ric-
S1ufea should b made In carrying
y cut the plan for he ping intact the
y booke ana records az the American
4 Tobacco Company. It's present con-
I st1tuents and branches, % that they
], will Be- available and subject to exami-
\ nation to the same extent ~ at pres
ens In suits for accounting and ether
existing litigation.
Judr~ Laccmbe. whose opinion out
liuep the decision OF the court, de-
clares that the court has not the power
"a grant Attorney-Generni Wicker
sham's request that there should be
s reserved to the government the right
Z at any time within five years to apply
10 the court for other and further re-
lief upon q showing that, NJ a matter
Of fact. the plan has not resulted IN
creating q new condition which shall
~ honestly In harmony with and not
sr~purpant To the law. On this point
fudge I4acoinbe says:
Judge IAcombc's OFiuion.
Glad II not been for tire mandate
az the Supreme Court II might b. aues.
toned whether n Circuit Court hao
any Jurisdiction TO recreass n""
group OF the elements Into wn'cn
pre-existing group of corporations "aa
been split. or to formulate pisn ~
method according 10 which individuals.
....,,,sl ar oorporatc. were to be unitsd
10 invest money and to embark IN
busines., All OF such questions ere.
~ course. resolved fer us ny rue
a.rs.fon OF the court oS last resort
Hu, neither In its mandate nor In iS
cp,nion IT. there warrant for the con
,.ins,on that this court Is to prescrtne
,bA Temporary terms OF I. mo ius
y,ven5i. with power TO reasSe"io'e
I'VE wears hence--o,Irselves or oui
survtvors-snd modify those term.
while In the interim by pufcnhss
exchange os these nnnus apW
me hundred million dollars worm l
,.r,v snsl have changed hanet
,,raxekably. The only function as
.,~nad to us Is 70 consider any Pr
,cs~a nlan which responsible parties
.n~.r~ 10 carry cut and TO approve
- reject It. In the extern OF ~
.rct.on the only alternative ~ ln'une
stor receiverehip and sale. Tue ti',.o
isrni. t,red IN the mandate. ak months
anA possfbly two more. preeuoss ""'
ather construction Of it, tsFnas
Judge Noyes does not take ,ssso
with Judge Lacomoe on any
sfaj rOtnt re eAye An ~"
.sr.n Question was a. to tho reflex
:. 10 Afforded. decree forcido,ns
.,ock holders would have been made
anst.. because the combination large
~ r-aa barred upon property owner
.n,o ORIGINAL conditions could nor
- r~s,ored. Immediate extreme meas
uree would have inflicted irreparn',e
injury upon innocent interests.
~. necessary to provide Z meenou
for determining in advance wns.ne a
-anid har,nonize with the law, and
hsnce the direction 10 this court. Inc
.sn.tuds and varied asaets 70 tns
rors binat,on. the extent u its ilaolh'
,,.s the ramiflcations Of IT. business
anA me completely Of Its Affairs woolt
rsre our duty difncult II We were
required merely to apply rules :"
dlssoiution and re-creation preeoraoft
ny the Supreme Court But from w
very intricacy Of the cass tnese IL
m ruIes. We ara left without 9a'a'
- turn n condition IN violation o
ira law into q condition honestly II
harmonv with II. The only measure
~ the extent Of rehabilitation reouir
"A IL the object to be attained. in'
sr.,s found to exist alone inoicat
tha measure required to meet tnem'
In his assent Judge coxe says:
Opinion Of Judge Ooxc.
II approve OF the proposed p'sn
not because think It perfect. but De
a. ~. II i. the bert plan obtainable
p.rsection u Impossible. The cond1
ton existing before the comoinatio'
w.s formed cannot be restored
Has gone beyond the hope OF recall
The plan We have sanctioned elih'
natas the Objectionable features pro
hihitsd by the antitrust act an
permits no unreasoable or nnia"1u
restraint OF trade.
Judge Ward. the fourth mem pel
the court, who attended some .. IN
conferences and sat with his asso
niates At the open hearing. filed n
opinion and did not even concur .
the opinions OF the other thFe
tudres. It 10 presumed that ne WI
make known his opinion later
Durham Hears Of Decision.
Especial to The Richmond Nlrginiah.
DURHAM, N. G.. Nov. s--Durna
II the home OF the parent liant Q
tha American Tobacco Company Tn
news OF the Ney. York courts oec'
.ion was received here this evenin
with more or less satisfaction. De
cause II settled the question OF IN
Immediate effect upon Durham,
Assurances are made here tina
there will be no general changes y
the plants OF the American iooaec
Company at this place
on the other hand. Richardson .
Co. OF Reidsville. y. c. and H. :
REYNOLDS Company. OF Winston "a
lem. n. c. (former branches OF IN
American Tobacco Company. WI
now have separate buyers on tn
warehouse floors. who. with TWO oth
or indepedent buyers, VIII max
sh.rner competttion and better price
'----" - & III certain.