Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-31
REPLIES TO BRAN0EIs
Want to Destroy American Company
to Get It's Property at Auction.
WOULD SOON OWN THE EARTH
"Downtrodden Small Competitors
He Declares, Now Doing Business
of S35O,ooo,oOO a Year.

protest against TIE Pt5l ll0poSt1 ~ tut
American Tobacco Company for disin-
tcgTation Of the tobacco trust. are at
tempting TO destroy the American com
rany for tho purpose of picking up its
property on the auction block Dc Ian
cey NicoIl replied i'm the circuit court of
the United States today 70 attacks upon
the reorga aniZation proposal.
The Independent tobacco and cigar
manufacturers who opposed the plan, Mr..
Nicoll declared, represented combina-
tion doing business valued at more than
s::-AMo,Tn a year, and that they were
combined in this cause Ito cripple small
competitor
These are the poor, down-trodden and
suffering persons" continued Mr. Nicoll.
whom Mr.. Brandeis, Mr.. Yerkes and
others described to this court yesterday.
These companies. one firm alone of which
manufactures more than 400. COO 600 cigars
a year. are the oppressed and starving
competitors whom you have been urged
10 protect.
Organized to Push Attack.
What do they want in this cause?
They want the American Tobacco Com
pany thrown into the hands of a re-
some of the good things of this COM
pany the auction block"
Mr.. Nicoll described in detail the
business of the Independent tobacco
Manufacturers. the National Cigar Leaf
Tobacco Company, the Independent
Cigar Manufacturing Association and
other proteStantS. and charged that one,
the Independent Tobacco Sa1esmen's
weeks ago, Ito accelerate the attack on
this plan"
The counsel for the trust also assailed
the motives = the attorneys general of
Virginia. the Carolinas. Kentucky. Wis
consin and New York, who have ap-
peared. protesting against the plan.
Il have heard 1t said,' Mr.. Nicoll de-
clared, that these men are here playing
a part in the great game of trying to fool
all the people all the time, and attempt
ing to build up for themselves truSt-bust-
ing records for some future campaigns
Cites Northern Securities Case.
The fundamental objection to the plan.
Mr.. Nicoll pointed out. was that the pro-
posed reorganization creates fourteen COM
panies with the same stockholders and
mat this is not in compliance with the
law. To this he took issue, and sought
9TH reference TO court decisions to con-
-: e the court of the legal soundness of
plan. The Northern Securities case
Val cited as one example.
fFcan Tobacco Company, was among the
ofht ials OF the defendant trust present
when court convened. He conferred for
some time with his counselors, Lewis Cass
l.edyard and Mr.. Nicoll. Attorney General
Wickersham was prepared to present the
governments attitude toward the plan of
the trusts dissolution.
In the early part of his argument to-
day Mr.. Nicoll was interrupted by Judge
l4acombe, who announced that a belated
petition CT protest on the part of the
state Of Wisconsin had just been filed.
louis \. Brandeis, representing Wiscon-
son as petitioner, explained that the Wis
ronSin tobacco growers were opposed to
he reorganization plan, and he asked the
curt for the privilege OF presenting the
lSe from their standpoint. This was
9nted.
Taking up his argument Mr.. Nicoll
AIRED II at a every step in the efforts
reach an agreement to reorgan
counsel for the trust were met with
utinuous opposition of the Attorney
neral OF the United States.