The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-01
w ickersham Approves
Generally Of T{bacco
Dissolution Plan.
SUGGESTS NUMBER
OF NOTIFICATIONS
Anxious to Bring About Reor-
ganization Without Resort to
Receivership-Trust Counsel
Oppose Amendment, De-
claring II Would Upset
s Disintegration Scheme.

New York. October S1--The end was
reached late to-day in tho arguments
\ which have been made for the pas,
two days before the United state,
Circuit Court for and against the plan
~ dissolution hied by the American
ocHco Company Judge, Lacornbe,
Dyes. Coke and Ward took the case
Ter advisement a decree IS ex.
sod within a few days. determining
ne ner the much discussed plan is
accordance with the sup rcme Court
tof the United States. whi,h held the
nerican Tobacco Company 10 be an
legal combination in restraint of
.-adc and ordered the trtst be ais
'-ntcsrated 30 as TO ress,re compe-
tition in tho tobacco induitry.
Interest in the arguments to.day
centred chiefly in tho APPEARANCE of
httorney-Ge Wicker.ham. He
stated that he approved generally OF
the plan. but at the same time made
recommendations which met vigorous
protest on the part of stock and bond
holders OF the American Tobacco Com
pany. Mr.. Wickerahsm inIisleA that
the court, by Injunction 10 prevail
from three to five years. reserve to
the government the right 20 appeal
TO the court ut any time II should ap-
pear that the dissolution OF the trust
had not 'esulted IN conditions In 7er-
nlcay with the antitrust law
Protest by Counsel.
Joseph H. Choate, counsel fer the s
per cent boadnoIders OF tie corpora
ton, VINO arc to surrender fheir bonds
Tor stock in the new segreIt ted COM
panias, protested against th} araend-
t,Saont He was supported Il i.tlis by
Lewis Caas Ledyard. of counst for the
American Tobacco Company. Both OF
them declared that the inco boration
Of such clause In the reorg 3ilzation
decree would upset the disin@gration
plans.
The Attorney General made b reply
20 these protests. Mr.. wickersh m was
nlNo criticized by counsel Or tho
American Tobacco Company fr sug-
gesting tina, the court revise tie dis
solution scheme in so far as iti.elates
TO the United Cigar stores Coipany.
CharacterizlnG the alliance tho
stores company and the trust s. one
OF the chief sources OF complaiA from
the Independent tobacco trade End an
the trusts arm to harass tha retaIl
trads OF the country the Attrney-
General urged that the storeA com
pany he segregated entirely frtAl tho
tobacco trust alliance through III sale
iof it's stock controlled by trust hkders
TO outside investors.
The Attorney G eneral declared that
lie had sought earnestly to bring bout
plan Of reorganization without re-
eort to receivership which would be
disastrous, and in outlining the HOY
ernment's attitude In trust prot.cu-
tions. he quoted from President 3,fts
messages TO Congress on the SUD ect.
expressing desire to conserve the Egl-
innate interests OF property.
Guiding Principle.
The guiding principle which the
government has pursued in COINED ion
With this supposed dislntegration," laid
Mr.. Wickersham. has been yvhethek or
not the division is made into partl of
less magnitude as TO offer any pcls;-
bility of the continuance of the no
nopoiy now possessed and exercited
and yet to restrain the activitiesl of
the various corporations among which
the business Is to be distributed win
in the bounds OF legitimate and useful
business.
"of course there is a difference be-
tween "a case where d combination is
brought before the court for It's deter
H.
stitutes an unlawful combination and
Il case where 1t stands before the bDr
OF the court. condemned AS such. ana
your honors are examining a proposed
diSlnteEration for the purpose of
bringing 1t into compliance with the
law. In tho latter case any reason
able doubt should properly be resolved
against the proponents. and the court
clould be very clear that the proposed
a iyta yry i
condition which Is the object of the
decree to attack"
Concerning the division of tobacco
brands under the proposed reorganiz.
tion. the Attorney General found no
ground for objections made by the in
dependent manufacturers Concerning
that point he said:
VIII File Report.
"The commissioners of the Depnrl
mens of Commerce and Labor placed ),
my disposal one of their experts-in-
iced. the principal expert In This H.
.bacco business-who had himself ure
spared very largely. If not entirely. the
report on the tobacco industry when
twas recently published BY that bureau.
81 am going TO file that report with tho
5court. 1t strongly confirms the i'm
7pression that had as to the fairness
of distribution of Industries III the
lplan. and It efrectually answers the
lsuggestions made by the so-callAd III
dependents and dealers.
''upon This whole case" the Atto,-
sney General ccncludedj giving It the
Utmost consideration of which ! am
A,ble and the deep sense of The tremcn- |
&lous and Unprecedented responsibility
#evolving upon the chief law officer or
ahis government and upon this court, |
n em of the opinion that with the pro-
lsisionf and notifications suggested in !
}nr answer, your honors would ho ius-,
.siiiei in approving this plan, should you /
.sSa an tadyisedn sr i ts q Il