The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-30
GOVERNMENT WINS
THE TOBACCO CASE
Continued From Page Two.

am compelled TO withhold my assent.
] agree with the court in holding that
the principal defendant. the Amert-
can Tobacco company, and It's ac-
cessory and subsidiary corporations
and companies. including the defend
ami English corporations are CO.
operators in a combination which IN
and of itself. as well as each and
all of the elements composing II.
whether corporate or Individual,
whether considered collectively or,
separately. are Illegal under the anti
trust act of 1890 and should be de
creed to be in restraint OF inter-
state trade and an attempt to mo-
nopoIize and a monopolization OF part
OF such trade.
"rhe record in the case. I think,
is abundant 10 enable the court to
render a decree containing all nee
essary details that will enectually
suppress the evils Of the combination
in question. But the court sends the
case back with direction further 10
hear the parties so as TO ascertain
whether a new condition cannot be
rc-created in harmony with the law,
] have found nothing In the record
which makes me at all anxious to
perpetuete any new combination
among these companies which the
court comedies had at all times eX-
hibitcd conscious wrong doing
1.-THE court SAYS;
1.-THE history of the combination is
so rcplete with the doing of acts
which Il was the obvious purpose OF
the statute TO forbid, so demonstra-
tive of the existence from the begin
ming Of purpose 10 acquire op,nt,a drnsn
hut bv methods devised IN order 10
monopolize the trade by driving COM
petitors out of business, which were
ruthlcsslY carried out upon inc as
sumption that to work upon the fears
or play upon the cupidity of com
petitors would make success pos
sble.
II Will not now say what. in my
oplnion. should be the form OF tho
decree. nor speculate as TO what the
details ought TO he. 1t will he time
enough to speak on that subject When
we have the decree before us. | VIII.
however. say now that. in my opinion.
the decree below should be affirmed
as to the tobacco company and It's
accessory and subsidiary companies
and reversed on the cross appeal OF
the government.
"But my objections have particular
reference to the parts OF the court
opinion which reaffrm what II said
recently in the STANDARD OH case
about the former decision OF this
court touching the anti trust act. We
arc reminded again. as we were In
the Standard oil case. OF the ne
cessty tc apply the rule OF reason
in the construction Of the act OF
congress, which is, I think, expressed
-
there is no room whatever for mis-
construction.
'If I do not misapprehend the opin-
ion lust delivered the court says that
what was said I'm the opinion OF the
standard OIL case WAS in accordance
with our previous decisions In the
trans Missouri and joint traffic cases
II we resort TO reason. This state
ment surprises me quite as much
as would a statement that black was
white or white was black
"Tt IL scarcely just for tho court
AT this late day 10 say or intimate
that Justice Pecham and his col
leagues who agreed with him. inter
prcted the act of congress without
regard to the rule of reason or to
assume that the act was for The first
time in the STANDARD OIL case inter-
pretcd in the light OF reason The
rule OF reason, I am sure, does not
Justify perversion OF the plain words
OF an act Of congress In order 10
defeat the will OF congress.
But the court, in accordance win
what Is denominates the rule OF rea-
SON in effect inserts in the act tho
word undue and makes congress say
what IL did not say, wha, II plainly
did not intend to say. and what. since
the passage OF the act. IL has eX-
plicity refused 10 say.
LET me say also that as We all
agree that the combination in Gues-
tion was Illegal under any cons,ruc-
ton OF the antitrust act, whether IL
contained a prohibition OF interstate
trade that was due or undue. or The
there was not the sightest necessity
To enter upon an argument TO show
that the act OF congress was 10 read
as II IL contained the word 'unreason-
able or undue All that the court
says on the subject is, / submit. objter
Lot, ,,1 al ,1yNIo