The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1911-06-02
TOBACCO TRUST
MUST DISSOLVE
Second of Country's Big Com
binatiOns to Be Hit.
CRIMINAL ACTION is POSSIBLE
Government May Proceed Against
Twenty-Five individuals Named
in Its Original Bill of
Complaint.

Washington, May 30.-The second of
the big antitrust caEes was decided by
the supreme court Of the United
States, when it ordered the dissolu-
tion of the American Tobacco com.
pany.
The dissolution, however. unlike
that of the Standard Oil company, is
to be carried on under the direction
of the lower court-the circuit court
of appeals for the southern district of
New York. The supreme bench places
upon that court the burden of devising
not only q plan of dissolution, but Of
''recreating, out of the elements nCw
composing it, new condition which
shall be honestly in harmony with and
net reEugnant to the law
IN order to enforce such a decree,
it became necessary 70" the supreme
court to reserve and remand the case
to the federal court in New York. The
decision of the supreme court goes
much farther than that of the lower
tribunal. II includes within the con-
demnation Of the decree, the twenty
nire individuals named in the govern
mcnt's bill Of complaint, the two Eng
lisl corporations, the British-American
Tobacco company and the Imperial To
bacco company, and also the United
Cigar Stores company
Chief Justice White, who read the
opinion, held that the circuit court of
appeals had erred in Diminishing the
governments bill of complaint against
the individuals and the foreign cor
porations and also in not granting the
governments prayer and including
within the decree the United Cigar
Stores company.
In brief the supreme court COM
pletely sustained all of the vital points
commended for in the original bill of
complaint filed by the government.
AttOrney-General Wickersham in a
formal statement expressed great
pleasure over the decision by the high
est court.
any more comprehensive and effective
application of the statute to this vast
combination could have been decreed."
One of the important effects of the
enlarged decree entered by the SUI
preme court is that it makes possible
a criminal action against the TWEEN
ty-nine individuals named in the gov
~ &c 1a;x
These defendants now stand in eX-
actly the same attitude as John d.
Rockefeller and his associates, whose
prosecution under the criminal stat
utes is now being urged in the senate
in connection with the Standard Oil
case.
The defendants include James B.
Duke, Caleb G. Dula, Percival S. Hill,
George Arents, Paul Brown, Oliver H.
Payne, Thomas F. Ryan, William H.
McAllister, Anthony n. Brady, Benja-
min \. Duke, H. NJ. Hanna, Herbert
D. Kingsbury, Pierre Lorrilard, Rufus
L. Patterson, Grant D. Schley and Will
hanson w. Fuller.
The tobacco trust is to have six
months in which to put it's house in
order and to reorganize in way that
will comply with the law. Meanwhile
the trust is enjoined from taking any
further steps to enlarge its powers, or
committing any further actions that
are unlawful The lower court is au-
thorized in it's discretion to add sixty
days to the six months period. In
the event of the failure of the de-
PENDANTS to comply with the law in
that time the court is directed to pro-
coed by injunction, or if necessary by
the appointment of a receiver to &C.
complish the reformation of the Amer
lean Tobacco company and its subor-
dinates and it's associates into an or
ganization that will square with the
law.
The opinion was unanimous except
for dissent by Associate Justice Har.
Ian. The venerable justice again
voiced his protest against the action
by the majority of the court in con-
STRUNG the law Gin the light of rea.
SON." He characterized the action Of
the court as ''usurpation of the
judiciary" and INDUCED in other en-
phatic statements that were little less
than sensational.
RrarII rnnGE nE rAnRHsEaAN