Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-11-01
END ARGUMENTS
IN Tobacco SUIT
iNTEitTsT FOR THE DAY CEN
TERED IN MR. WIChEDsHAMs
PROSECUTION
WOULD NOT HURT PROPERTY
Legitimate Business Methods MOI TO
BE Observation-Disclosures Approval
of Plan.

NEW YORK. oct 31.--The end was
reached late today in the arguments
before the United States circuit court
for and against the plan of dissou-
ton filed by the American Tobacco
company. Judges Lacombe, Noyes.
Coke and Ward took the case under
advisement. A decree is expected with
in a few days determining whether
the much discussed measure is in ac-
cordance with the United States SUI
preme court, which held the Ameri-
can Tobacco company to be illegal and
in restraint of trade and ordered their
disintegration.
Interest in the arguments today
centered chiefly in the speech of At
torney- General Wick ersham. lie stat
ed that he approved generally of the
plan, but at the same time made
recommendation which met vigor-
Gus protest on the part of the stock
and bondholders of the American To-
bacco company. He insisted that the
court injunction, to prevail from three
to five years, reserve to the govern
ment the right to appeal to the court
at any time it should appear that the
dissolution of the trust had not re-
suited in conditions in harmony with
the antitrust law.
Defense StrcnuOusly Objects.
Jospeh III. Choate, counsel for the
bondholders of the corporation who
are to surrender their bonds for stock
in the new segregated companies, pro-
tested against this amendment. He
was supported in this by Lewis Cnss
Ledyard, OF counsel for the American.
Tobacco company,
Both declared that In the ncorpo-
ration of such a clause in the organi-
zation decree would be offset by the
American Tobacco company for sug-
gesting that court do revise the dis
solution scheme. characterlzing the al
lance of the United Cigars Stores
company and the trust as one of the
chief sources Of complaint from inde-
pendent tobacco, as the trusts are ID
arms to pass the retail trade of the
company. hence the segregation en-
tirely.
Would Conserve Interests.
The attorney general declared he
had sought earnestly to bring about a
plan of Reorganization without re-
sort to a receivership. which would
be disastrous, and in outlining the
governments attitude in the trusts
prosecution, he quoted from Presi-
dent Tafts speech on the subject. ex-
pressing a desire to conserve the le-
gitimate interests of the property.
THE guiding principle which the
government has pursued in this con-
nection," said Mr.. Wickersham, "has
been whether or not the division made
IL OF less magnitude to offer possbi-
lity exercised, and yet to restrain the
activities of the star corporations
among which the business is to be
disturbed within, the bounds of legiti.
mate and useful business.
Court Should BE Sure.
"Of course. there is a difference be-
tween case where a commission is
brought before the court, as its de-
termination whether or not II con-
stitutes an unlawful commission and !
a case where 1t stands before the bar
Of the court condemned as such. and I
your honors are examining a proposed I
for the purpose OF !
it into compliance with the |
law. In the latter case. any reason
able doubt should properly be resolv- 1
ed against the proponents, and the
court should be very clear that the |
dissolution will re-establlsh I
that lawful condition which is the |
object of the decree TO attack"
Some Objections Turned Down.
Concerning the division of the to-
bacco brands under the proposed re-
organization. the attorney finds no
grounds for objections made by the
Independent manufacturers
Upon the whole case" the attor-
1ey-general added. giving II the ut
most consideration of which I have
been capable and with deep sense
" unprecedented responsibility devol-
wing upon the chief law offices of this
and upon this court.
I'm OF the opinion that with the pro-
'isions and notifications suggested in
our answer. your honors would be
in approving this plan should
you be so advised"