New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-30
Wronoful Purpose Established.

lit law
Wronaful Purpose Established.
on this point the Chief Justice said
The history Of the combira alton is so re-
plete with the doing Of acts which II was
the obvious purpose Of the statute 70
forbid so demonstrative OF the existence
from the beginning of purpose TO &C
duire dominion and control OF the 10.
hacco trade. not by the mere exerton or
the ordinary right TO contract and 10
trade. but by methods devised IN order 70
monOnolfze the trade by driving competi-
tors out of business. which were ruth
lessly carried ont upon the assumption
that To work unon the fears or play upon
the cupiditv Of competitors would make
We say these conclusions are Inevitable.
not because of the vast amount Of prop
erty aggregated by the combination. not
because alone of the many corporations
which the proof shows were united by re-
sort 10 one device or another
Again. not alone because Of the domin-
ion and control over the tobacco trade
which actually exists. but because we
think the conclusion Of wrongful purpose
and illegal combination Is overwhelmingly
established by the following consdera-
lions:
(a) BY the fact that the very first or
ganization or combination was lmpelled by
n previously existing fierce trade war. evi-
minds which brought about and became
parties TO that combination
(h) Because immediately after that
combination and the increase Of capital
which followed the acts which ensued ius-
tfy the inference that the intention exist
ed to use the power Of the combination
as a vantage ground to further monopolize
the trade in tobacco bV means Of trade
conflicts designed to injure others. either
by driving councillors out Of the business
or compelling them 10 become parties ~ =
combination purpose whose execution
was illustrated nv tho plug war which en-
sued and It's reStilfc hN the snuff
which followed and its results and bv the
conflict which Immediately followed the
entry Of the combination in England and
the division Of the worlds business by the
two foreign contracts which ensued.
(c) BY the ever-nresent manifestation
which is exhibited Of conscious wrong
doing ny the form in which the various
transactions were embodied from the be-
ginning. ever changing but ever in sub
stance the same. Now the organization OF
new company. now the control exerted
or in several. so as To insure the result
actually attained. nevertheless uniform in
their manifestations Of the purpose TO re-
strain others and TO monopolize and re-
tain power I'm the hands Of the few who.
# would seem. from the beginning con-
templeted the mastery Of the trade which
pra ctically followed.
(dO Ry the gradual absorption Of control
over all the elements essential to the sue
cessful manufacture ~ tobacco products
and placing such control in the hands Of
seemingly independent -'IN
ing as perpetual barriers to the entry Of
Others into the tobacco trade.
fe) BY the persistent expenditure or mill
ions upOn millions OF dollars In buying out
nlants not for the purpose Of utilizing
them but in order to close them IN and
rerder them useless for the purposes Of
trade ,-
~ Rv the constantly recurring stpuls
,ione whose legality, isolatedly viewed, We
arc not considering. by which numbers Of
persons whether manufacturers. stock
holders or employees. were required TO bind
themselves generally for long periods, not
TO compete in the future.
Indeed. when the results OF the undis-
puted proof which we have stated are
fulIv spprehended and the wrongful acts
vb;oh they exhibit are considered. there
comes inevitably to III, mind the convic-
tion that il was the canrer which il was
decr,ed vo uid arise TO Individual liberty
Ard 10 public welbeinc from acts like
those which this record exhibits which
led the legislative mind to conceive and
10 enact the antitrust act, considera-
items which also serve so clearly TO de-
noonstrat. that the combination here as
called is within the law as to leave no
Doubt that it is our plain duty to apply
it's prohibitions
Wide Measure Of Relief Needed.
The chief Justice next took up considera-
go, of the remedy to be applied. with the