Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-05-30
Additional Sixty Days to Be q
is Necessity is Shown. :
RECEIVER MAY BE APPOINT
II Plan Proposed Is Not satisfactory t.
Laver Court IL May IssAe Injune-
ton or wind Up Affairs OF
the Company.
BULLETIN

WASHINGTON. May 2a-The American
Tobacco company and IT'S accessories and
subordinate corporations and companies.
including the English corporation. today
were held by the supreme court OF the
United states TO be co-operators in COM
bination illegal under the Sherman anti
trust act The court sent the case back
to the lower court with directions 70 hear
further the parties so as to ascertain
whether a new condition cannot be re-
created in harmony with the law. Justice
Harlan concurred in part with the courts )
opinion and dissented in part. The court
decided:
'First-That the combination, in and
OF itself as well as each and
all OF the elements composing IT,
whether corporate or individual, whether
cosidered collectively or separately
be decreed to be in restraint OF
trade and an attempt 20 monopolize ana
a monoponzation within the first and sec
tons OF the antitrust act.
.'Second-That the court below, in order
to give effective force to our decree in this
regard. be directed to hear the parties, by
evidence or otherwise as il may be deemed
proper. for the purpose Of ascertaining and
determining upon some plan or method for
dissolving the combination and OF recreat-
ing out Of the elements now composing it,
a new condition which shall be honestly
in harmony with and not repugnant to
tfs iaw.
Limit May he Extended.
'.rhird-rhat for the accomplishments OF
these purposes. taking in view the diff
Guilty OF the situation, period OF six
months 10 allowed from the receipt Of our
mandate. which leave. however in the
event. in the Judgment of the court
below. the necessities of the situation re-
quire to extend such period to a further
time not 10 exceed sixty days.
'Fourth-That In the event, before the
expiration OF the period thus fixed, con-
dition OF diBintegration in harmony with
the law iH not brought about, either as
the consequences OF the action OF the court
in determining an issue on the subject or
in accepting a plan agreed upon, it shall
be the duty OF the court, either by way Of
an injunction restraining the movement
OF the products OF the combination in the
channels 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,
il is directed by the court, each and all
u Alt uEltlhhAil1 A4luANAAAAA 40 NNAA a1
corporations. are to be restrained from
doing any act which might further extend
or enlarge the power of the combination,
by any means or device whatsoever.
HIstor yOf the Case.
The American tobacco corporations were
made the target OF the second big trust
prosecution OF recent years. The first
was the Standard oil Because the testi-
mony taken in the tobacco case was not
so extensive as that in the Standard OIL.
the two cases were before the supreme
court for consideration at the same time.
The attempt OF the government TO dis
solve the tobacco corporation as violating
the sherman antitrust law took shape in
1877. in that year a petition was filed in
the United States circuit court at New
York. The government asked that the
American Tobacco company. its officers,
directors and affiliated corporations be
prevented and enioined from restraining
and monopoiiEing commerce in tobacco.
The restraints and the monopolies alleged
by the government were said 10 have been
obtained by an intricate system OF cor
porate organization. II began In 1880 when
Continued ou Sacopd pagaA