The herald-advance. (Milbank, S.D.) 1890-1922, 1911-06-02
FAMOUS COMBINATION FOUND TO
BE IN VIOLATION OF THE
SHERMAN LAW.
Mr.. HARLAN DISSENTS IN PART
Lower Courts Ordered to Consider
Methods of Dissolving the Com
bination Within Six Months
English Corporations Involved.

Washington, May 30.-The American
Tobacco company, and its associated
accessory and subordinate corpora
tons and companies, including the
English corporation, were held by the
supreme court of the United States to
be co-operators in a combination il
legal under the Sherman antitrust
act. The court decided as follows:
That the combination in and of it.
self, as much as each and all of the
elements composing it, whether con.
sidered collectively or separately, be
decreed to be in restraint of trade and
an attempt to monopolize and a mon.
opolization within the first and second
sections OF the antitrust act.
The court sent the case back to the
lower court with directions to hear
further the parties SO as to ascertain
whether a condition cannot be re.
created in harmony with the law,
Justice Harlan concurred in part with
the courts opinion and dissented in
part.
Second, that the court below. in or
der to give effective force to our de.
cree in this regard, be directed to hear
the parties, by evidence or otherwise
as it may be deemed proper for the
purpose of ascertaining and determin.
ing upon some plan or method of dis.
solving the combination and of recre.
ating, out of the elements now com
posing it, a new condition which shall
be honestly in harmony with and not
repugnant to the law.
Third, that for the ACCOMPLISHMENT
OF these purposes, taking in view the
difficulty of the situation, a period OF
six months is allowed from the receipt
OF VI 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.
Fourth, that in the event before the
expiration of the period thus fixed a
condition Of d~isintegration in harmony
with the law is not brought out, either
as the consequence of the action of the
court in determining an issue On the
subject or on accepting a plan agreed
upon 1t shall be the duty of the court
either by way of an Injunction re
stralnlng the movement of the prod.
ucts of the combination in the chan.
nels of interstate or foreign commerce
or by the appointment of a receiver. to
give effect to the requirements of the
statute.
PENDING the bringing about of the
result, directed against the court each
n all of the defendants, individuals
as well as corporations. are to be re.
strained from doing any act which
might further extend or enlarge the
power of the combination, by any
means or device whatsoever.
Drugs may be labeled as cures for
man and yet be absolutely ineffective
for that purpose without violating the
national pure food and drugs act, &C.
cording to a decision by a majority of
the court. in the case Of Dr.. o. A. John.
son.
The court upheld the act of the
Oklahoma legislature, Dec. Is, chang.
ing the state capital from Guthrie to
Oklahoma City. Justice Holmes and
Mckenna dissented from the majority
opinion of the court.
The state of Utah lost it's suit
against the Montello Salt company in
the supreme court for the title to the
large tracts Of saline lands in that
state.