New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
United States Supreme Court Declares 1t a
Monopoly and Combination in
Restraint of Trade
DISSOLUTION OF TRUST ORDERED
Chief Justice White Giving the Opinion, Reafrms the
"Rue Of Reason Applied to Standard Oil-Harlan
Dssents Aeain.-Case Sent Back to Circuit Court
rFrom The Tribune Bureau. J

DlSsenS ARdm'-NdSe Ocnt DdCh 10 NHSuA' Noo'"
Washngton Nav 2oThe Supreme unanimous de-
con the American Tobacco Company and az the
elements composing corporate and individual be eoona-
within the prohibition OF the sherman anu
law and ordered its disintegraton
The court the Circuit Court with instructions
hear purpose dssong the combination and re-
creating condition which shall be in harmony with and not re-
pugnant the law
period months with discretion extend that term BY
allowed accomplish this disntegraion during WHICH
defendants njoined from doing anything TO strengthen
extend the combination
The Circuit Court such disintegaon shall not
accomplished within the period allowed either to prohiot
the OF the products OF the cononaon IN
the hahas
OF receiver.
The Supreme Court the Of in
cuding United Cigar Stores Company the
Tobacco Company and its subsidiaries and the IN
the original and rejects the decree OF
the nsru follow the Interpretation OF the Ia"
laid down by the Supreme Court
Associate Justice Harlan Dissents Two Points
Justice Harlan subscribing much of the decision as
Tobacco Company and its component parts
combination violation the law dssents from the reasoning OF
Of the submits opinion along INES similar 10 HIS
opinion Standard Oil and especially condemns
delegation the lower court of discretion TO ascertain whether
new conditions cannot be recreated in harmony law
The Attorney General Of the decision: 1T is scarcely to be
conceived that anv comprehensive and effective application OF
this combination could possibly have been decreed
Chief Justice White delivered the opinion gives extended
history evidence and discusses the OF
remedy be applied In interpreting the
law the emphacay eafhrms its opinion
be construed by the rule Of reason 1t points
Oil reaed by him this would render
impossible application Of the law which has enabled the
corporations combinations n violation Of the statute
THE Letter Which Killeth" the Spirit Of the Law
The court literal Interpretation the letter which
I'VE saw because while seeking by
wise be excluded the really destroys the Of
act renders impossible apply the law to multitude
by resort to reasonable although they would
be within its reach by too and m
ad not a otherwise 1 be t embraced literal Construction although
conflict with reason applied and for the purpose of nclud
ing which would otherwise be embraced reasonable
The court points obscuy and resulting
anty only abstraction because the has
given the Standard Oil reafrms with great EN-
phas the decision that IN
conflict earlier interpretations of the Sherman law and
then declares soundn Of the rule that the statute should
reasonable construction the court after further mature de-
liberation reason to doubt
Correctness of Rule of Reason Emphatcay Reafhrmed
Indeed necessity for departing this case from the
standard of the which universal in its application
so plainly required give effect the remedial
the under eonempates and to prevent that
of trade causing the be with itself by ami
ng the fundamental right Of freedom to trade wd h on M the .e very
before us the plain demonstration which this record of
the statute was guard against which would
giving the statute narrow and OF
strengthen our the of the rule
ton the which applied the Standard Oil
the application which rule the statute we now in the most
uneorivoca and reafhrm
ILLEGAL Combination Case Established Beyond Doubt
The court applying this the evidence the Tobacco
case declares conclusion of wrongful and illegal
naton to Overwhelmingly established because the first
ator was impeled trade because Immediately there
@ % were committed which clearly achieve
ononoy because the methods OF building up the combination
wrongdong because the of others
he tobacco trade eectuay blocked by the requirement of
f all the elements which the manufacture of tobacco
because Of the expenditure millions of dollars purchase plants
close them and finally by the reiterated
stimulation that whose purchased should
INTO competition with the combination.
Effort to Correct Conditions Involves Vast Difficulties.
IN explaining remanding the the lower
declares actuated
giving complete and efcacous effect to the statute OF accomplishing
M result little possible to the general public and
regard the interests of those who without guilty
have participants the
view Of these necessities the Chief Justice declares that
70 correct involves difficulties the application