The Washington herald., 1911-05-30

fTOH 6E6ALU, TU3SOAY.
nection ana association with other cor.
porations found to BE- within the pro-
hibitions OF the act
''The necessity Of rsiisf a. TO an these
aspects. we think, Seem to the govern
ment % essential, ana the dinlculty OF
giving to the act such o comprehensive
and coherent construction as would be
adequate to enable It to meet the entire
situation, led to what appears to us to
be In their essence q resort to methods
Of construction not compatible. one with
the other"
Combination illegal.
mot alone because of the dominion
and control over the tabocco trade, which
actually exists, but because we think the
conclusion Of wrongful purpose and H.
legal combination IL overwhelmingly
established by the following considera-
tons:
"A. BY the fact that the very first
organization or combination was I'm
PEELED by a previously existing fierce
trade war, evidently inspired by one or
more of the minds which brought about
and became parties to that combination.
"B. Because, Immediately after that
combination and the increase Of capital
which followed the acts which ensued
justify the inference that the intention
existed to use the power Of the combina-
ton as a vantage ground to further mo-
nopolize the trade in tobacco by means
Of trade conflicts designed to injure
others. ~
&C. BY the ever-present manifestation
which is exhibited of q conscious wrong
doing by the form in which the various
transactions were embodied from the
beginning, ever changing. but ever In
substance the same.
ID. By the gradual absorption Of con-
troll over all the elements essential to
the successful manufacture of tobacco
products. and placing such control IN the
hands of seemingly independent corpora
tions, serving as perpetual barriers to
the entry Of others into the tobacco
trade.
"E. BY persistent expenditure of
millions upon millions Of dollars in buy
ing out plants. not for the purpose Of
utilizing them, but In order to close
them up and render them useless for
the purposes of trade.
''F. By the constantly recurring stipu-
lations, whose legality, isolatedly viewed,
we are not considering by which num-
bers of persons, whether manufacturers,
stockholders, or employees, were required
to bind themselves. generally for long
periods, not to compete In the future.
Difficulties Faced.
Looking at the situation as we have
hitherto pointed 1t out, 1t involves dinl-
culties in the application Of remedies
greater than have been presented by any
case involving the antitrust law which
has been hitherto been considered by
this court:
First. Because In this case It Is OBJ
vious that a mere decree forbidding stock
ownership by one part Of the combination
in another part or entity thereof, would
afford no adequate measure Of relief
since different Ingredients, Of the combi-
nation would remain unaffected, and by
the very nature and character Of their
organization would be able to continue
the wrongful situation which 1t is our
duty to destroy.
Second. Because the methods of ap-
parent ownership by which the wrongful
intent was, in part. carried out and the
subtle devices which, as We have seen.
were resorted to for the purpose Of ac-
complishing the wrong contemplated. by
way Of ownership or otherwise, are Of
such character that 1t is difficult, II not
impossible, to formulate a remedy which
could restore in their entirety the prior
lawful conditions.
Third. Because the methods devised
by which the various essential elements
to the successful operation Of the to-
bacco business from any particular as
pect have been SO separated under vari-
Gus subordinate combinations, yet SO uni
fed by way OF the control worked out
by the scheme here condemned, are so
involved that any specific form Of relief
which we might now order In substance
and effect might operate really to injure
the public, and 1t may be to perpetuate
the wrong.
General Remedies.
I'VE might at once resort to ono or
the other Of two general remedies
A, the allowance Of acpermanent injunc-
ton restraining the combination as a uni
versatility and all the individuals and cor
porations which form q part OF or CO.
operate in It In any manner or form
from continuing to engage in interstate
commerce until the Illegal situation be
cured. a measure of relief which would
accord In substantial effect with that
awarded below to the extent that the
court found Illegal combinations to exist;
or B, to direct the appointment Of q re-
ceiver to take charge of the assets and
the property in this country Of the COM
bination in all its ramiflcations for the
purpose Of preventing q continued VIOLA
ton Of the law, and thus working out
by a sale Of the property Of the COM
binatiop or otherwise, condition OF
things which would not be repugnant to
the prohibitions Of the act.
'E1,t, having regard to the principles
which we have said must control our
action, we do not think We can now
direct the immediate application of
either OF these remedies. We so con-
slider as to the first because. in view
OF the extent of the combination and
the vast field which It covers. the all
embracing character Of its activities
concerning tobacco and its products. to
at once stay the movement In inter-
state, commerce Of the products which
the combination or its cooperating
forces produce or control might infiict
infinite injury upon the public by lead
ing to a stoppage OF supply and great
enhancement Of prices.
"The second, because the extensive
mower which would result from At once
resortinS to q receivership might not
only do grevious injury to the public
hut also cause widespread and perhaps
irreparable loss to many innocent peo-
pie.
mind the completely Of the situation In
AL, of its aspects, and giving weight to
FUNERAL OF tt
. VICTIM TIL