The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-11-01
ALL ARE At ODDS
IN TOBACCO CASE
Wickersham ArouseS Trust
Counsel As Well AS
Independents
CLOSING ARGUMENTS
MADE BEFORE COURT
E. J. Justice, of North Caro-
lima, Wants Attorney-Gen-
eral to Invoke Criminal
Clause in Law

NEW YORK, Oct 3t.--Arguments
mitted by the Tobacco Trust were
closed this afternoon in the United
States Circuit Court. All that re-
mains now to be done Is for the court
to either approve or disapprove the
plan.
In either event the Supreme Court
at Washington, which will finally have
TO pass upon the adequacy OF the
scheme. will be called upon TO decide
whether the plan meets the require
ments OF it's decree. This alternative
was made certain by the insistence OF
Attorney General Wickersham upon
the tobacco trust amending its plan
by adopting the fourteen changes he
formulated and which were included
in both his brief and his argument
to the court to-day.
With the acceptance of these amend
ments, declared the Attorney General,
the plan will be agreeable 10 the gov
jected the Department Of Justice will
appeal TO the Supreme Court and
fight out In the tribunal OF last resort
the issues joined with the trust. The
chief points urged by Mr., Wicker
sham in the nature OF amendments
are:
Wickersham Amendment,
No mutually of stock ownership.
No common agencies for either the
purchase Of raw materials or the sale
OF finished products
Entirely separate and distinct cter-
ical forces and organizations generally
in>four companies into which the COM
6inatton proposes to divide,
Absolute and Immediate alienation
OF the United Cigar Stores Company
without tho directors officers or COM
mon stockholders Of the present trust
being permitted to buy the stock OF
the company alienated.
A period Of five years in which to
test the adequacy and praeticaoiiity
of the plan. amended, il the cor
poration agrees TO the government ;
proposed amendments, thus allowing
the government an opportunity at the
termination of the period OF probation
or before, to renew its demand for
real dissolution. failing in which re-
ownership proceedings viii be insti-
tuted.
Trust Counsel Opposes.
Lewis Cass Ledyard, OF counsel for
the trust, rehemently opposed every
one OF the Attorney Generals amend
ments in closing the argument for
his clients. He violently assailed the
nye year probation demanded and de-
nounced IL TO an International News
Service reporter as legal blockmaiI,"
adding:
Il know my language is strong, but
II IL none too strong to characterize
properly the demand OF the govern
ment that this great property shall
be tied up on trial for i've years or
any other period. How could we hope
to prosper under such handicap ?
Who would want our securities? The
proposition Is ridiculous. We could not
afford to accede to 1t
WickesshanSs Argument.
In his argument Attorney General
Wickersham said
The Supreme Court has decided %
ne said that the whole tobacco com.
bination is tainted with illegality.
When the Supreme Court ordered
lied the effect 1t would have on the
business world If this great business
enterprise should be closed at once.
SO. realizing this the court allowed
the twenty-ntne defendants to sub
NIT plan of disintegration, And that
: plan does not accord with the mean
ing of the Supreme Court: in fact, It
disobeys the courts orders"
he added that ha could not fail to
realize the tremendous catastrophe"
to the business world should SO huge
concern go into tie hands OF q re-
cetver. This court" exclaimed the
attorney general addressing himself
to the four judges upon the bench.
must, unless a plan be agreed upon
either appoint a receiver for this
company or paralyze it's business by
injunction
Brandeis Disapuointed
Louis d. BrandeiA chief counsel OF
the independents. was plainly disap-
pointed by Attorney General wicker
sham's final attitude.
John w. Yerkes. Of Kentucky. for
merly commissioner Of internal rev.
OF independent manufacturers. took
~ gloomy View Of the situation a.
did Mr.. BrandeiA
Z. J. Justice. who represented an
argument for the Farmor1 UnioA or
North Carolina. against approval OF
the plan. declared that the only rem
edy now remaining for the protec-
ton Of the Independents and grow
ers IL to invoke the criminal clause
Of the Sherman law.
Later Mr.. Justice had q brief con-
ference with the attorney general,
and hurriedly laid before him the
Rr0unda unon which nro1ocnttov ~