Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-11-01
SEEKING TO AVOID DISASTER
Wickersham Presents Government
View of Tobacco Case.
TRUST CHARGES BAD MOTIVES
Insists Southern Attorney General
Wants to Make Record of Trust
busting for Campaign
Purposes.

NEW YORK, Oct. Sit will be tre-
mendous calamity to the industries of
this country If some means cannot be
found to reorganize the tobacco combina-
ton by avoiding the ruin and wreck that
will be certain to follow a receivership,"
was the declaration of Attorney General
Wickersham today before the United
States circuit court
Mr.. Wickersham this afternoon began
his argument for the government in the
hearing on the reorganization Of the to-
bacco trust.
II realize the situation which con-
fronted the government and the court in
this case" the attorney general con
tinued. II have done all In my power
to aid in bringing about "A new condition
without resort to a receivership and L
have conferred frequently with your
honors and counsel for the defendants
to that end.
Il would have been entirely untrue to
my trust IL 1 had failed to take that
view Of this case and extended my
powers toward that end"
sympathy with All Interests.
In opening his statement to the court
in the tobacco case today, the attorney
|
fessed "a great deal Of sympathy with
the independent tobacco interests fighting
the reorganization plan and that he did
not feel much concern over extraordinary
fears expressed by the American Tobacco
company representatives.
II can readily see," he continued, "how
men who have been fighting others for
years should come here asking the court
/ to cripple the enemies and hand their
| property over to him. That~~ however,
! is not the function of this court and in
such case as this we must turn a deaf
ear to considerations that might appeal
| TO our human sense, that IL may not
move our legal Judgment"
In approaching the task of disintegrat-
/ ing the trust the attorney general said
the first subject of thought was as to
the size of the units to be taken from
the trusts.
In this connection he quoted from
court decisions holding that 'magni-
tude does not constitute q monopoly"
That the general plan Of reorganiza-
ton is a purely practical commercial
one, the attorney general expressed
belief. The objection that the proposed
division OF brands would not permit
Of competition he aappeared to believe
unfounded.
More Safeguards Needed,
eve think of this plan is safeguarded
that It will restore competition" he
said. I'VE are dealing in a measure
in conjecture. I have for that reason
asked that for period Of five years the
government reserve the right to seek
further relief.
1--WE should not close the doors of
this court to the government In case
what we now hope will occur should not
develop. If it should Ie made to appear
later that the American Tobacco com
pany was 80 powerful without resorting
to devices of the past that 1t actually
prevented competition in the tobacco
trade any way, and be demonstrated
that the company should be divided
again, we should be given an oppor-
tunity TO come into court and act"
How do you do that?" asked Judge
Noyes.
II would do it by an injunction oi
this court, and il that is done for {
period of three or five years l believe
it would be long enough" the attorne!
general replied
zone feature OF this combination hai
caused more complaint, in my opinion
0 than all others" continued Mr.. Wick
ersham, "and that is the United Ciga
, Stores company. That has been tn
j hand Of the trust reaching out owe
! the country to hargss the domestic trade
4 If that concern is cut To- &C in this plan
Z you will do more than anything els
2 can do to make this plan OF reorgsniza
{ ton acceptable to the people OF thl
d country"
2 Joseph II. Choate, representing the
per cent bondholders OF the America
Tobacco company. announced TO IN
(continaed on Second PAse)