The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-11-24
SHARP CLASHES
BETWEEN COUNSEL
LIVELY TILT IN HEARING OF
BATHTUB TRUST CASE AS
HELD HERE.
COURT ENDS WRANGLE
ARGUMENT MADE AS TO FORM
OF DECREE DECLARING
COMBINE IN
LAWFUL

sharp clashes between opposing
counsel rhatacterizei the hearing hers
YESTERDAY, Of which is known as the
Fhafhluh trust case" an the question
cf I'M. form 81 the courts decree, the
co,lrr having previously held that IN"
"trust" was a combination in restraint
Of trade as such combination was con-
ten, plated tn the Sherman act but not
having formally entered It's decree
ewing TO radical differences OF opinion
on the part ~ counsel IS TO the
framing of the decree.
The hearla< On the decree Was be-
fore the United states Circuit Court
fer the District X Maryland. sitting in
Richmond for convenience, the Judges
hearing the argument being JUDGES ].
VI. Rose OF Baltimore. Judge deter {.
Prftcaard. Of North Carolina and
Judge Nathan r. GoG. OF West Nr-
gina,
Edwin p. GroSvcnee. special assist
art 10 the United States Attorney Cen
erat, represented the government, while
the Standard Sanitary Manufacturing
essnrailX-and- -nLulher-ot other
soyr,pa MES comprising the secaiied
trust" were represented by Herbert
Noble, Of Baltimore, Ex- Lieutenant
Governor Lyon. oG Pittsburg, Pa, Rob
trt II. Eoneyn4an, OF New York and
.Tudge ". II Garvin. 9. Chattanooga
ar Csrosvenor opened ard closed the
argument. and Mir. Noble made the
principal argument for the defendants.
nearsurens Asked.
Attorney NbDle moved Tor rear
g1sr,sent 81 the Original case. saying
1aal he a14 Eot bealeNs that II NAB
the oD5ect oil the sherman ANTITRUST
act 10 destroy business aI9d that u he
souia be permitted 10 argue again the
questions Ii4yoised In the original
s.as.se he aaIgat tie apie to throw some
aow asnt on the subject.
Mr. .<oula a4so spoke of the bearing
of tho civil Case on tna penang crlm-
.nsaa cases against The same detenaailts
aria II WAS mere that tne cIasn game.
lne special assis t;4Iit tar the govern
.nant s4.au that -ar, Monte couio speak
Tor oniy halt Oh tins defenoauts, ana
that some o1 tAcm had lndlcate ted To
HIM that they would enter plea OF
noio contenaere. i he lawyer 1ur the
batatuU companies took umDrage AT
this and win considerable eupnasiS
declared that he naQ connoential reia-
lions with ali the defenuants.
Ge court shut OIL TURNER discus
sion along this line. and relieved "a
soinat nat embarrassing situation py
directing counsel 10 CONNIE the re-
manner OF their argument to the
worulng Of this decree. mus In eueci
denying the mouon tor rearguinent
After hearing very brief argument
as 10 the form OF the decree the court
stated that IL would enter the de-
cree this morning,
one OF the cIaerences az opinion or
the part OF Opposing counsel IL
wGetDer the agreements between IN,
several corporations should be declared
unli " fui az a wnoie OF whether eact
inaivfdLat agreement should be re
garaea separately with tho view o
sitting out special features involving
Violation oe law. Attorney Grosveuo
called the attention OF the court t.
the fact that II was not matter o
Individual contracts. but of all The con
tracts between the several firms form
ing a COORDINATION" which he said wa
enc thing while a contract was an
other.
Counsel for the defendants argue
for the opposing View OF this point,
Another difference us to the form q
the decree nore on the question O
whether the case be dismissed as /
the individuals and directed oni
against the corporations, counsel 10
the defendants urging that this cours
be pursued and the government con
tending that the case should take /
both the individuals and tho corpor
atoms.
Appeal Certain
The remarks made by counsel U
both sides made II clear that an ap
peal TO the United States Suprem
Court will be taken 10 matter ~ha
sort OF decree the Circuit Court hand
down,