The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-05-30
was the obvious purpose Of the s......


to forbid, so demonstrative OF the e,t.
ence from the beginning OF a purpo~o .
acquire dominion and control of ~,
tobacco trade. not by the mere exer.,or
OF the ordinary right to contract and .n
| trade, but by methods devised ip c-i..
to monoIolize the trade by DRIVING ,o,,.
! retitors out OF business. which ,,.,,
ruthleesly carried out upon tho assti,nl t.c,
that to work upon the fears or play iIf na
the c,ipidity OF competitors would rI.l -
success possible, we say these conchs ~, d,
are inevitable. not because alone II 80
many corporations which the proof .l,Y.
were united by resort to one dovieo o..
another
Illegal Combinations Establi,hed
Again. not alone by the dominion pn5
control over the tobacco trade when
conclusion OF wrongful purpose and il.
legal combinations is overwhs lminz.y
established by the following consid.Ia.
tions:
-A)-By the feet that the very fra,
organization or combination was lnirellAd
war. evidently inspired by one or more %
the minds which brought about and be-
came parties to the combination.
-B)-I Immediately after the comblna.
tion and increase Of capital which fol.
lowed the acts which ensued Justify tho
inference that the intent existed 10 use
the power Of the combinat ion as vantage
ground to further monopoliza the ,rads
in tobacco by means OF trade conflicts
designed to injure others either by driy.
ing competitors out OF the business or
compelling them TO become parties TO A
combination a purpose whose execution
was illustrated by the plug war which
ensued and its results. by the snuff war
which followed and its results and by the
conflict which Immediately followed the
entry OF the combination in England and
the division Of the worlds business by
the two foreign contracts which ensued
"tC,-By the ever present manifesto
wrongdoing by the form in which the
various transactions were embodied from
the beginning, ever changing but ever
in substance the same. Now the organi-
Zation OF a new company, now the control
exerted by the taking Of stock in one or
another or in several. so as To obscure
the result actually attained. nevertheless
uniform in their manifestations Of The
purpose TO restrain others and to monopo-
lie and retain power in the hands Of the
few who, 1t would seem. from the begin
ming. contemplated the mastery of the
trade which practically followed
) -tD),By the gradual absorption II
to the successful manufacture OF tobacco
products. and placing such control in the
hands OF seemingly independent corpo.
rations serving as perpetual barrier. 70
the entry Of others into the tobacco trade.
-E)-By persistent expenditure Of mill.
ions upon millions OF dollars in buying
out plants. not for the purpose OF utilizing
them. but in order 10 close them up and
render them useless for the purpose Of
trade.
-F)-By the constantly recurring stipu.
lations. whose legality. isolatedly viewed
we are not considering. by which numbers
Of persons. whether manufacturers. stock-
holders or employees. were required 10
bind themselves. generally for long
periods. not to compete in the future
Indeed when the results OF the undis-
puted proof. which We have stated. ars
fully apprehended and the wrongful acts
which they exhibit are considered there
comes inevitably to the mind the convic-
ton that it was the danger which il vas
deemed would arise TO individual liberty
and the public we'll being from acts Ike
these which this record exhibits which led
the Legislative mind to conceive and N
enact the anti-trus. act. considerations
which also serve 50 clearly to demonstrs.,
that the combination here essliled is
within the law az to leave no doubt th,.