The Detroit times., 1911-05-30
RULING MAY BRING
PROSECUTION IN TOBACCO CASE
tcoatinssd from PAGE ~.


the insertion or the word ''Unreason-
able" Justice Harlan dissented, as he
did In the Standard Oil case.
Six months are given TO effect the
dissolution.
I'VE say that the conclusions are
inevitable" the majority opinion said.
mot because OF the vast amount OF
property aggregated by the combina-
ton, and not alone because OF the
dominion and control over the tobac-
co trade which actually exists, but
because we think the conclusion OF
wrongful purpose and illegal combina-
ton is overwhelmingly established"
Here the chief justice recited the
various steps in the organization OF
the combine. He detailed the outpour-
ings OF millions OF dollars to buy out
competing concerns and the Ever
present manifestation" OF Conscious
wrong doing by the form In which the
transactions were embodied from the
beginning
The supreme court held that the
court below Clearly erred" In dis
missing the complaint of conspiracy
In restraint of trade against the indi-
vidual defendants-the United Cigar
Stores and the foreign corporations,
and their subsidiary corporations.
As to the remedy to be applied, the
chief justice said:
1T follows that the relief which we
are TO afford must be wider than that
awarded by the lower courts since
that court merely decided that
certain OF the corporate defendants
constituted combinations In violation
OF the first section of the act because
OF the fact that they were formed by
the union OF previously competing con-
Germs and that the other defendants
not dismissed from the action were
parties TO such combinations or pro-
NOTED their purposes"
In concluding the chief justice
said:
In view OF the considerations we
have stated We leave the matter TO
the court below TO work out COM
pliance with the law without unneces-
sary injury to the public or the repre-
sentatives OF private property.
while In many substantial respects
our conclusion is in accord with that
reached by the court below and while
also the relief which we think should
be awarded in some respects Is coincf-
dent with that which the court grant
ed, in order to prevent any compiled
ton and to clearly define the situa-
ton, we think instead of affirming
and modifying, our decree in view OF
the broad nature of our conclusions
should be one OF reversal and remand
ing the costs in this court to be borne
49,, Al 1.A- AAl<x
tons to the court below to enter a
decree In conformity with this opin-
ion and to take such further steps as
may be necessary to fully carry out
the directions which We have given"
The chief justice declared that the
tobacco case presented greater diff
culties in devising remedy than any
other Of the cases under the anti
trust law. In the Standard Oil case.
where there was holding corpora
ton OF New Jersey, the remedy was
easy, but in the present case there Is
combination OF trusts in ownership
OF stock.
Justice Harlan read a brief type
written statement OF his views and
said he would file a complete opinion
later. His objection to the majority
opinion OF the court-in which he said
he had concurred In part was because
the court does not Immediately put
an end TO the Trust
The evidence in the record" he
said, rs think, abundant to enable
the court to render a decree contain
ing all necessary details that will ef-
fectually suppress the evils OF the
combination in question. But the
court sends the case back with direc-
tons to further hear the parties so
as TO ascertain whether a new condi-
ton cannot be re-created In harmony
with the law. have found nothing in
the record, which makes me at all
anxious TO perpetuate any new COM
bination among these companies which
the court comedies had at all times ex-
hibited conscious wrongdoing.
II will say, however, that In my
opinion the decree OF the court below
should be affirmed as to the tobacco
company and its accessory and SUBJ
sidiary companies and reversed on
the cross application appeal Of the
government, but my objections have
particular reference TO those parts OF
the courts opinion which reaffirm
what IL Sdlu ItCcully III the ObdnudIu
Oil Co. case about the former de-
cisions OF this court touching the anti
trust act. We also remind again as
In the Standard Oil case OF the neces-
sity TO apply the Rule Of reason in
the construction of the act of con-
gress which, is, think, expressed in
language so clear and simple that
there is no room whatever for con-
struction."
Harlan reiterated his belief that
congress intended Every restraint OF
trade to be unlawful" He went on
TO say that the defense of the Light
OF reason" rule, contained In a SEN
tence In Chief Justice Whites opin-
ion, surprised him Quite as much as
would statement that black was
white, or white was black
Eniarging upon the Rule of reason"
the chief justice today coined the new
phrase by referring to the strict con-
struction Of the Sherman law, urged
by the government as "the rule of the
A.