The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-11-09
N PREVENT
Wv DlSSOLuTlON
raey CEN al Agrees to Con
Eaer the lkpuest Seriously.
Contest Owed solution Has
Become Acut independent
ManufactSx Us Gloomy.


NAV YORK. ecial.-- The fight
ever the ainsoluti0& of the Tobacco
TRUST has reachedN an acute stage.
Attorney General Nsckersham said i'm
oourt yesterday that he would insist
Rnnnds. while Lewis Cass Ledyard.
c6unsel for the trust, asserted that
his propositions were ridiculous, and
would be fought to the bitter end. In
addition TO this. the Attorney Gen
eral was consulted with reference to
criminal prosecution of the trust mag
mates, and virtually agreed Ito sum
mon the United States District Attor-
ney of North Carolina to Washington
for conference upon this phase of
the matter. The decision of the court,
which is now hearing the case, will
undoubtedly be appealed to the United
States supreme Court, thus insuring
prolonged litigation.
Urges Criminal Prosecution.
E J. Justice, who presented argu-
ment for the Farmers Union of North
Carolina against the approval of the
plan, declared that the only remedy
now remaining for the protection of
Independents and growers is to in
woke the criminal clause Of the Sher-
man law.
THAT should have been done long
ago, ne sid. They have been con-
Victed in a civil action of violating
boln clauses of the Sherman law.
Then why should the Government
delay or hesitate about inStituting
criminal proceedings against them? l
shall take this question up with At
toruey General WickerSham as soon
as L can meet him here and try TO
interest him in criminal prosecu-
ton"
Later Mr.. Justice had brief con-
ference with the Attorney General,
and hurriedly laid before him the
grounds upon which prosecution OF
L
based.
IF you will turn that end Of the
case over to the United States Dis
trict Attorney in North Carolina" he
told Mr.. Wickersham, L will guaran-
tee you quick results. The criminal
combination started in North Caro-
lima, and there much of it's devilment
has since been Matched Abundant
evidence to convict the men TeSpOn-
sibie for monOpOlizing the tobacco in
dustry of the country and pauperizing
the growers of my State and other
parts of the nation can be found right
around us"
Mr.. Mickersham assured Mr.. Jus
tice that he would give his sugges-
ton due consideration, and virtually
agreed to send for the United States
District Attorney of North Carolina TO
come to Washington at an early date
for a conference.
Threatened With Rcccivership.
THE Supreme Court mas decided, -
said Mr.. Wickersham, in his argu-
ment. that the whole tobacco com
bination is tainted with ineSality, but,
realizing the effect upon the business
world If the enterprise should be
closed at once, it allowed the defend
ants to submit plan of disintegra-
ton Their plan does not accord with
the meaning of the Supreme Court:
in fact, il diSobeys the courts orders" -
He added that he could not fail to
realize the tremendous catastrophe"
to the business world should so huge
a concern go into the hands of "A re-
ceiver. He would not be doing his
duty, he said. if he did not take that
view of the matter, although he was
against the plan in its present form.
This court" claimed the Attorney
General, addressing himself to the
four judges upon the bench, must,
unless a plan be agreed upon, either
appoint a receiver for this company
or paralyze its business by injunction.
AS head of the Department of JUS
tice 1 have done all l could TO assist
the court and the tobacco company
in restricting the combination to the
limits of the law. / thought well of
the plan as a whole until ! began to
receive objections from men and in
terests who have protested TO the
judges. Then l looked into il more
carefully and formulated the amend
ments / have submitted"
The Attorney-General was particu-
larly severe on the United Cigar
Stores Company. "There is one con-
Germ" he said, referring to that COM
pany, that is giving quite "A lot Of
trouble, and while not made party
TO this suit, enters into il because Of
the complaints and the fact that the
defendants own it, That is the most
dangerous company in this city, and
1T reaches out and destroys competition
with an iron hand. ] think that if the
defendants here would cut away from
that concern, would get rid of their
stock, and have absolutely nothing to
do with il, 1t would make the plan
court could also see that this is done"
Independents Are Gloomy.
The declaration of Mr.. Wickersham
that he would be satisfied with the
even satisfactory to the independents.
Louis -. Brandeis, their counsel. says
that even then the entire Independent
tobacco industry OF the country, in
be worse on than ever. They will
he said, have to resist the tyranny
n oppression, cunning, and greed of four
big trusts, instead of one. as at pres
four proposed companies competing
with one another. They will be own
ed and controlled by the same com
pany and, of course. no relief can be
hoped for"
Mr.. John w. Yerkes, who is also
counsel for a large number of indie
pendents, took the same gloomy view
As soon as the tobacco trusts
that our case was lost. / am sorry
We did not take the matter up with the
judges, just as the lawyers for the to-
bacco company did, and thus helped
a problem absolutely unique in Ameri-
can Jurisprudence"
Calls Proposition Ridiculous
Lewis Cass Ledyard, of counsel for