The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-01-11
RI trade g, en- though there was incidental
elimination of competition.

~ trade even though there was incidental
ehnination OF competition
! when Mr \icoll essayod an explanation
C' The wav IN which the trust had in
creased the price of leaf tobacco paid to
producers Justice Lurton inquired
@hc'hor there was anything in the record
30 show the existence of an organization
Icf tobacco planters and night riders to
2 -1t the trust Mr. Nicoll said the record
al9 not Disclose anything of the sort.
tt."t Justice White asked Mr.. Nicoll
81 tA."' Wa anything in the record Of the
'Is" 10 how that the price Of leaf tobacco
llal a"tunllv advanced The Chief JUS
nc" reminded the trusts attorney that
,. had h"'u charged that the trust low
i''cl price, AZ the season when II pur-
,rha.el. bat advanced II as soon as IL had
'procurni th" necessary supply. In this
way the chief Justice pointed out. the
general ave-a e, for each year might make
~ vofy favorable showing as to prices
hai Mr. Ncoll replied that the com
paratlve figures were -. ont in the record
Tn" new Justice. Mr.. Lamar, inquired
whether the tables showed a comparison
10 indicate whp her the advance in the
price of tobacco leaf had kept pace with
the advance IN the prices of other COM
r1od!tes Mr. Nicoll replied that his
fables were exhaustive. but he warned the
tourt not to credit the figures given by
the Department of Agriculture. which. he
averrei. were not satisfactory" whei eat
the Attorney General laughed aloud
Chief Justice White threw a damper
on the enthusiasm with which Mr. Nicoll
-. H. -
the price of'tobacco leaf b. relating what
a tobacco planter in Louisiana had told
him fthe Chief Justice about how the
tobacco trust methods had driven him
and his fellow planters out Of business
and ruined the business of growing to-
tbacco.
! That must be an exceptional case
observed Mr.. Nicoll and Attorney General
Wickersham again laughed.
I Mr. Nicoll justified the secrecy main
fsined b. the American Tobacco Com
panv regarding it's ownership of plants
held out to the public a. independents"
pn the ground that the labor unions were
bovcotting the products Of the trust and
fhat minority shareholders in the con-
rerns were responsible for the determina-
tion not TO disclose the real ownership.
which would have subjected ;he business
20 attack and diminished profits; but no
andependent concern had suffered b. the
eecretly owned concerns
. Mr. Nicoll contended that the whole
question of guilt turned upon the ac-
fivity Of the American Tobacco Company.
~ it had used unfair business methods
70 harass competitors. if it had secured
rcrtr,l r,F al Af trh Land
or had interfered with the avenues of
distribution then. counsel for the trust
Edmitted. 'he~e would be some ground
tor adludgng il 4 conspiracy under the
SHERMAN law Put none OF these things
had been established The Government
Maid Mr.. Niooll had taken possession of
over 2S,OoC private letters covering the
business oi the american Tobacco Com
panv. II he'd found only 10 that we're
sva!!abl- for testimony in the record and
cnlv =; had found their wav into the
brief
The counsel for the american Tobacco
Companv cited the number of independent
concerns that had been established and
had fourished IN competition with the
American Tobacco Company Power"
was no, the rest of guilt Mr.. Nicoll in
sisted The power of the American
Tobacco Company said he was the power
cf great wealth combined with great
business experience Blu, the defend
ants had no power over the grower Of
tobacco, over the raw material or over
the a ecuCs Of distribution
The price Of the manufactured prod
ucts Is practically the same a. when tre
American Tobacco Company started
eaid NJ Ncoll while the price of the
raw material has adv ancei
Mr. Nlcoll declared IN conclusion that
no man or association of men should he
barred from commerce merely because
wealthy
The history Of the American Tobacco
Company is the growth of the American
commerce said he The only enemies
IT has are de'lers who would rise to wealth
or politicians who would rise to fame o,i
irs ruins
The argument will he finished to-
morrow and then tho Standard Oll case
Will be taken up