Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-10-31

poration be entirely separated from any
connection with the corporations among
which the properties and businesses now
in the combination are 10 be distributed.
That appropriate provisions be inserted
IN the final decree giving force to IN,
foregoing conditions by way OF iniunc
ton upon all parties 10 the suit, etc.
Capitalization OF New Companies.
Respecting the capitalization OF the new
companies, the attorney general says
The questions OF capitalization OF the
various corporations among which It Il
proposed TO distribute the properties and
businesses now In the combination as T.
the distribution OF assets, as between pre-
ferred stockholders and common stock
holders; and as to the amounts offered
10 be paid or distributed to the holders
OF bonds OF either class, or preferred
stocks. are submitted 20 the court as mat
tiers concerning the stockholders OF the
corporations and the bond holders: the
government being concerned merely will
the disintegrstion Of an Illegal comblna'
tion and the recreation OF competitive
conditions under such circumstances ant
with such safeguards as will insure the
continuation OF such competitive condl'
lions and prevent recurrence Of tho un'
lawful condition found by the court e
exist in this case"
Finally the attorney general asks fol
general injunction prohibiting the re
creation of the combination on OF ana
similar cofnbipatlon. lie says;
That. By the final decree to be en-
tered herein. II be provided that the de
PENDANTS named IN the petition, theil
respective officers, directors, agents, ser
wants and employees. be forever enJoinet
and prohibited from continuing or carry
ing into further effect the combination
adjudged illegal by the supreme court
aud from entering into or forming anS
like combination or conspiracy, the ef'
feet OF which Is, or will be 20 restrain
commerce In tobacco or IT'S products, oi
IN articles used In connection with the
manufacture and trade In tobacco and IS
products, among the states or In the ter
ritories, or with foreign nations. or e
prolong the unlawful monopoly OF such
commerce obtained and possessed by the
defendants, as adJudged herein In Viola
ton of the act OF congress approved
July 2 1890, either:
by causing the conveyance OF the
physical property and business OF any OF
the corporations among which the prop
critics and businesses now in the comblna-
ton are TO be distributed to any other
OF said corporations by placing the stocks
OF any one or more OF said corporations
ia the hands OF voting trustees or con-
trolling the voting power Of such stocks
b. any similar device; or
All Restraints Illegal.
by making any express or implied
agreement or arrangements together or
ono with another like those adludged a.
legal by the supreme court In this cause;
relative 10 the control or management OF
any of said corporations. or tho price or
terms Of purchase. or OF sale of tobacco
or any Of its products. or the supplies OF
other product dealt with In connection
with the tobacco business, or relative 90
the purchase. sale. transportation OF
manufacture OF tobacco, OF It's product OF
supplies or other product aforesaid by any
Of the parties hereto. which viii have a
like effect IN restraint Of commerce
among the states. in the territories and
with foreign nations to that OF the COM
binaton and operations OF which Is en-
joyed IA this cause; or BY making any
Agreement or arrangement OF any kind
With any other OF such corporations
under which trade or business Is appor-
toned between such corporation in re-
spect either 20 customers or localities; or
by any OF such corporations doing busl-
ness, directly or Indirectly under any
other than their own respective corporate
names; by refusing 90 sell 90 any jobber
any brands OF any tobacco product man
ufactured by II except upon condition
that such 5obber shall purchase from the
vendor some other brand or product. also
manufactured and sold by Il; or
by the British American company and
the Imperial company employing a COM
mon agent for the purchase OF lear to.
baceo IN the United states. or by either
OF said two companies uniting with any
& Of the corporations among which ths
properties and businesses now In the
combination are TO be distributed. IN the
z employment of a common agent for the
purchase OF tobacco leaf: or
by transferring 10 and vesting IN ans
of she corporations among which IN,
properties and businesses now "a IN,
combination are TO be distributed. an,
part Of the stock OF the United Cigal
Stores company,
-ssherefore the United States pray.
The court thar. IN, connection with an,
plan or method % dissolying the nnlaw
fui combination Of the defendants founs
BY the supreme court 10 exist IN TIM
case. and o. recreatlng out OF the ele
ments now composing Il a new condition
xlsich shall be honestly IN harmony witt
and not repusnant 10 the law. which thl
coprt may ascertain and determine upon
and N the final decree. 70 be rendered A