The Penn's Grove record., 1911-06-02
TOBACCO TRUST
FOUND GUILTY
Supreme Court DEGREES it Must
Dissolve.
GIVEN SIX MONTHS TIME
Case Is Sent Back to Lower Court
With Instructions to See If a
New Condition Cannot Be
Recreated.

Washington.-The American Tobac-
co company and it's accessories and
subordinate corporations and com
panies, including the English corpora
ton, were held by the Supreme Court
of the United States to be co-opera-
tors in a combination Illegal under
the Sherman antitrust act. The
court Sent the case back to the low
er court with directions to hear fur
Their the parties SO as to ascertain
whether a new condition cannot be
recreated in harmony with the law.
Justice Harlan concurred in part with
the courts opinion and dissented in
part.
The corporation was held to be in
restraint of trade and in violation of
sections 1 and 2 of the Sherman anti
trust act.
The court decreed II. That the
combination in and of itself as well
as each and all of the elements com
posing it, whether corporate or in
dividual, whether considered collec-
lively or separately, be decreed to be
in restraint of trade and an attempt
to monopolize and a monopolization
within the first and second sections
of the antitrust act.
"2. That the court below, in order
to give effective force to our decree
in this regard, be directed to hear
~ ,&sn1 h, ar;d0naa or afharuyiCo oc
it may be deemed proper, for the pur-
pose of ascertaining and determining
upon some plan OF method of dissolv-
ing the combination and of ~recreating
out of the elements now composing
it a new condition which shall be
honestly in harmony with and not re-
pugnant to the law.
SO. That for the accomplishment of
these purposes, taking into view the
difficulty of the situation, a period of
six months is allowed from the re
port of our mandate, with leave. how
ever, in the event, in the judgment of
the court below, if the necessities of
the situation require, to extend such
DCEIOd " d lCl luCA lilAO AOl " OAOOOu
sixty days.
a. That in the event, before the
expiration of the period thus fixed, a
condition of disintergation in har-
mony with the law is not brought
about, either as the consequence of
the action of the court in determining
an issue on the subject or in accept
ing u plan agreed upon, it shall be
the duty of the court, either by. way
Of an injunction restraining the move
ment Of the products o the combina-
ton in the channels of interstate or
foreign commerce or by the appoint
ment of a receiver, to give effect to
the requirements of the state"
Pending the bringing about of the
result directed by the court, each and
all Of the defendants, individuals as
well as corporations, are to be re-
strained from doing any act which
might further extend or enlarge the
power of the combination, by any
means or device whatsoever.
Chief Justice Edward Marshall
White read the decision, which is
shared by all save Associate Justice
Harlan, who again dissents, and in a
manner more caustic. more dramatic,
more sensational even than his dis
senting opinion IN the Standard Oil
case.
Justice Harlan is completely at
variance and out of sympathy with
his associates on the Supreme Bench,
save in that he agrees with them that
the Tobacco Trust, like the Oil Trust,
is a monopoly that should be dis
solved.