The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-11-09

an executed contract. The request is
denied.
SUGGESTIONS OF INDEPENDENTS prs-
MISSED.
Coming to the requests of the indie
pendents, Judge Lacombe notes that they
ask To have the companies cnJolned from
giving away or selling at or below the
cost of manufacture any Of their products,
and SAYS that these are the common
methods of the tobacco business. prac-
tised by all alike.
1t s only by giving away samples,
irrespective Of cost" he declares, "or toy
Offering on favorable terms that new
brands Of tobacco products can tie intro
duced or old brands extended INTO new
territory" .
independents, represented by Mr
Brondeis and Mr.. Levy and toy Attorneys,
General Of Southern States, also wanted
the companies enjoined from espionage
over tho business of any competitor.
Upon this proposition the court says
why any one individual or corporation
engaged in this business may not require
such information ns he or II can legitmately
obtain from private or public sources as 10
the business Of competitor We fail TO see.
when ulegitimate methods are proved they
may be dealt with. This request Is denied.
UNITED CIGAR STORES WIN.
Other suggestions Of the independents
were also dismissed as frivolous, the court
paving particular attention To the demand
! that the United Cigars Stores Company
be dissolved. On this point Judge La
combe says.
The disposition of the United Cigar Stores
Company has been discussed by most OF
the ohiectors Those who represent the
independents insist that IT shall be split ny
! into separate concerns. preferably ten
II IA not one Of the so-Called accessory
companies and the supreme Court has not
directed that IT be disintegrated. poh
| the trial much testimony was taken as 10
! this company and the question whether or
not IL was combination obnoxious Ia the
provisions of the antitrust act was care
| fully examined We reached the conclusion
unanimously that II was not, suCCinCt
statement of our reasons for reaching that
conclusion VIII be found in Judge COKE :
opinion, is4 +. r.. 200. We therefore dis
! missed the bill as to that company The
Supreme Court, however. held that We
erred in 40 doing. solely because the Ameri-
can Tobacco Company had bought and held
two-thirds Of itS capital stock. which
/ brought II into the general combination.
! nder the proposed plan all this stock held
/ by the American Tobacco Company Is 10
| he distributed TO its own common stock
| holders anu inc sue sI'Ahb hl'pi "hiNH
the Supreme Court reversed this court is
thus removed The situation will then
stand as to all other grounds as it did be-
| fore and We see no reason to change the
| opinion expressed on the original hearing
No new evidence Is offered except to the
fact that II has in the interim largely in-
| creased the number OF its stores. Such
! increase, however, leaves il in control OF
! less than per cent. of the entire business
| in which II is engaged. The request 70
disintegrate II is denied.
EMPHATIC REFUSAL OF PROBATIONARY
| TERM.
| The most important proposition Judge
| Iacombe discusses last. Mr.. Wicker
sham asked that there should be reserved
to the Government the right at any time
within five years TO apply to the court for
further relief upon showing that the
reorganization plan had not created a
condition honestly in harmony with the
law The decision disposcs OF this re.
quest emphatically. as follows
II is not apparent that this court has the
power so to do. Had il not been for the
mandate of the supreme Court it might be
| questioned whether a Circuit Court Of the
United States had any jurisdiction 10 re-
| create new group OF corporations out OF
| the elements into which a pree Aisting grouI
Of corporations had been split or to formu.
late a plan or method according to which
! individuals. natural or corporate. were tc
| be invited TO invest money and embark IL
business. All such questions are OF course
resolved for us by the decision of the cour
| of last resort. But neither in its mandat,
nor in it's opinion is there any warrant fo
the conclusion that this court is to pre-
scribe the temporary terms OF modu,
vivendi, with power to rea assemble fv,
| .tx,rr
and SUCCESSOR and modify those terms
| while in the interim by purchase or G XChanR,
of these bonds upward OF tiOO. 900, ,OO
worth of property shall have exchanged
hands irrcvoCably. The only function
| assigned 10 vs. L. to consider any proposed
plan which responsible parties engage u
carry out, and approve or reject II, in tn,
| event of rejection tho only alternative il
Injunction. reCeivership and sale Tn,
time limit fixed IN the mandate, six month,
and possibly two more, precludes any othel
construction Of l's terms.
Concurring opinions were written b,
Judge Noyes and Judge Coxe.
INDEPENDENTS DISSATISFIED.
Dissenting views were expressed las
night 10y Felix n. Levy. who was asso
ciated with Louis d. Brandeis. and b,
Ira Morris. president OF the Independent
Tobacco Salesmens Association. Sale
Mr. Levy:
The disposition which the Circuit,
Court has made Of this matter is unsats
factory, and | shall advise the interest.
which ] represent to take such step,
as may be necessary to procure a review
! by the United States Supreme Court"
In Mr.. Morris's opinion the decision IL
entirely unsatisfactory"
The independent tobacco interests oi
this country will not rest content with th',
disposition OF the matter. They will adop,
every legal remedy to bring the case again
10 the attention Of the Supreme Court. and
they hope that the Supreme Court will not