The Caucasian. (Clinton, N.C.) 188?-1913, 1911-06-01
TOBACCO TRUST ILLEGAL
Supreme Court Holds That
il is Guilty Like Standard
Oil and Must
Dissolve.
JUSTICE HARLAN AGAIN
CRITICTSES OPINION

He says That the Court Has
Again Amended the Law by Writ
ing Into IL the Words "Unduiy" and
Unreasonable - The People of
North Carolina Protesting Against
the Increase of Taxes to Meet DEM
ocratic Extravaganza and Inconpe-
tency-Congress Moving slowly
Bryan Starts Disturbance.
Especial TO The Caucasian1
Washington, D. c., May 3I.-The
American Tobacco COMPANY is a mon
opOly in violation Of the Sherman An
THRUST law and must be dissolved
This is the decision Of the Supreme
Court of the United States handed
down on last Monday-the last act of
the Court before its adjournment for
the summer.
The opinion Of the Court in this
case follows the same general lines as
in the Standard Oil case The decree
of the Court in the tobacco case, how
ever, goes further than in the oil
/ case. 1t declares that if the illegal
combination is not dissolved and the
illegal practices stopped within six
months with a possible two months
more of illegal grace that then an
injunction shall be issued to prevent
the trust from doing any interstate
business or else receiver will be ap-
pointed by the Court to take charge
of the property of the company.
Why the decree of the Court in the
one case should have been different
in this respect, and apparently more
drastic, than in the other, no one has
Ventured to explain, but it is not
probable that the Tobacco Trust will
suffer any more from the courts rul-
ings than will the Oil Trust.
Mr.. Justice Harlan Again Protects.
Justice Harlan again protests
against the opinion of the Court in
this case as in the Standard Oil case
He says that he agrees with the de-
cision of the Court in both cases that
the Standard Oil Company and the
American Tobacco Company are lille
gal combinations in violation Of the
antitrust laws in every respect, but
that he can not assent to the opinion
! of the Court when it goes out of it's
way to say that to be guilty of violat-
ing the antitrust laws that a corpo-
ration must commit acts that "are
! (unduly or unreasonable in restraint
of trade" He says that the trusts
have for fifteen years been trying to
i serting the words "unduly or unrea-
sonable" and that Congress has per-
sistently refused to do so. He also
says that the trust lawyers have
during the same time been urging the
Court on every occasion to so amend
the law by construction, and that in
every case the Court has not only re-
fused the appeal of the trusts, but
has time and again declared in all
!. opinions that any contracts in re-
straint of trade were unlawful and
: that the antitrust act was too plain
need any construction.
The Object of the ''Unduly' and I'm
reasonable" Part of the Opinion.
!; Justice Harlan next points out the
, fact that inasmuch as every member
of the Court agrees that the Standard
Oil Company and the American To-
bacco Company are both guilty of vi
olating the antitrust law under any
and every possible construction of
: the law that it is unnecessary and
strange that the Court would go out
of it's way now to read these words
: into the law. He says that only the
future can show the effect Of the
Courts thus usurping the legislative
power to amend the law. He sug-
gests that it's only purpose can be to
let some trusts escape the law in the
future or to let off lighter all the
trusts in complying with the law
one fact now stands out surprisingly
bold, and that is, that all of the trust
lawyers are praising the decisions and
the stocks of all of the trusts are ris-
ing instead Of falling in Wall Street.
This is significant if not unfortunate
to say the least.
5 The Increase of Taxes in North Car.
3, olina.
A prominent Republican from the
western part of the State who was
| here yesterday said that the Demo
cratic scheme to increase taxes in the
l State would continue to attract more
attention than even the decisions OF
the Court in these two great trust de
cisions. He said that in many places
in the western part of the State that
b the tax assessors under the new tar
: law of the last Legislature had as
e sessed the value of land at from Sc
: per cent to 100 per cent, and in some