The Washington herald., 1911-05-29
TOBACCO CASE TO
Be DECIDED TO-DAY
Continued from Page One.

Sherman law. there Is a question whether
the American Tobacco Company has un-
| reasonably restrained trade.
That 1t represents a practical monopoly
In many lines Of the tobacco industry
and that 1t has obtained its proportions
by absorbing its competitors in business
and combining them under a single head
is believed to have been established by
the government
1t was contended by counsel for the
American Tobacco Company. and in sup
port Of their contention they quoted from
the opinion Of one Of the justices in the
lower court. that the tobacco trust had
not been shown to be guilty Of high
handed methods in business.
May Modify Decree.
Some persons who have watched the
course Of the Tobacco case and the
Standard Oil case for purposes Of COM
parison think they see the possibility
that the court may, after all, not order
a dissolution of the American Tobacco
Company. but may modify the decree Of
the lower court to simply restrain that
corporation from pursuing certain prac-
tices.
the Tobacco company and the Standard
Oil Company is that the latter was a
holding company solely. and that it was
the last device resorted to to continue
in existence a combination that had been
declared by the courts of the State Of
Ohio to be in restraint Of trade and un-
lawful.
The Tobacco company is not Q hold
ing company. 1t begun as a monopoly.
practically. in the manufacture Of cigar
cites. Since then 1t has extended its
power to other lines, and in certain re-
spects 1t is a holding company. but not
entirely SO.
The tobacco case came to the Supreme
Court in two forms. There was an ap-
peal by the American Tobacco Company
from a decree entered against 1t in the
lower court, and there was an appeal by
the government from the judgment Of the
lower court, dismissing the bill as to
certain individuals and as to the for
eign company.
The Department OF Justice has insisted
ever since the decision in the Standard
Oil case that there has been q wide
spread and popular Misrepresentation IS
to what Chief Justice White really an
nounced in regard to reasonable and
unreasonable restraints upon COM
merce.
Restraint Illegal.
The Solicitor General declares that too
much significance has been attached to
the words rule Of reason" used by
the Chief Justice. The Solicitor General
believes that any material restraint of
trade would be held to be unlawful under
the opinion in the Standard Oil case.
Nearly forty other cases have been
argued and are under advisement await
ing the announcement Of an opinion by
the court Most OF these cases will prob
ably be decided to-day.
1t would not be unusual for some of
these cases to go over until the fall term.
Six cases were still under advisement
when the court went upon its summer
recess last year. But the Tobacco case
will hardly go over.
Among the other important cases in
which opinions may be expected to-day
are the following: =
The employers liability casss important inis,tioo
cases, q to test the safety appliance act, the
Fifth Avenue Coach Company case to test the
validity Of the ordinance Of the city Of New York
advertising matter On the passenger
4 case to test the validity Of an act Of the
Massachusetts, legislature fofeiting to the State.
after thirty years accounts In savinss institutions
where the nominal owner after absence for that
length Of time. cannot be found and no legal heirs
appear; the case Of the government asatnst "Dr.
johnson" known as the 0ncercure case, coming
to the court from the Federal court for tho District
,f Missouri involving the rsht of tho government
to deny the Of the mails to . practitioner
whose remedies the government holds to be without
merit the hoursof-servics act. q case testing The
right to a patent for ordnance In which ths ious
Is between the Krupps and Gen. CfuGser. Ohief Of
U. g. A.; the Oklahoma State capital |
cass and others involving a construction Of the |
laws and growing out Of other GUNNER |
.ial entsnglements