Omaha daily bee., 1911-05-31
NOTHING NEW IN ATTITUDE
Justice Harlan's Dissent Will Cause
No Hesitation.
MANY BILLS BEFORE CONGRESS
These Are to Be Disregarded in All
Procedure.
CABINET MEMBER TALKS IT OVER
Decision as to Criminal Prosecutions
of Members of Tobacco Trust
Not Yet Reached by the
Government.
NOTHING NEW IN ATTITUDE
ANY BILLS BEFORE CONGRESS
CABINET MEMBER TALKS IT ovl


| WASHINGTON, D. c.. May 9O-That the
government means to formulate it's anti
trust policies in accordance with the rule
CT reason" as laid down by the supreme
court in the Standard Oil and tobacco
trust decisions, notwithstanding the vigor-
Gus dissents of Associate Justice Harlan,
and the many bills introduced in the senate
to amend the Sherman antitrust law was
made evident today.
/ AdmnistI alton officials, after a DAYS
consideration and study of the tobacco de-
cision and a thorough comparison with
the Standard OIL decision. were agreed that
the rule of reason" is no new feature of
the supreme courts Interpretation of law
and one member of the cabinet whose
views have always been regarded as re-
flecting those Of tine administration, made
a comprehensive statement to that effect.
The statement was attributed to "an Of
flcial close to the administration
| The possibilities of criminal prosecutions
of the individual members of the tobacco
trust which was ordered dissolved by the
supreme court yesterday are being care
fully considered at the Department of Jus
tice.
Neither Attorney General Wickersham
or any of his associates on the big case
would make any statement today as to
the probable course Of the government and
no decision on that point is likely to be
made for several days.
In respect to criminal prosecutions, how
ever, the tobacco case is said to differ
somewhat from the Standard oil case. In
the latter, Attorney General wickersham
said no criminal prosecutions were under
way, but declined to say positively that
none were contemplated Certain questions
regarding the application of the statute of
Limitation enter into both cases and 1t is
said that the legal problems are very deli
cate ones.
May Delay Amendments.
Sentiment in favor OF amending the Sher-
man antitrust law 50 as to make every
restraint of trade violation of the law
instead of only unreasonable" restraints.
was pronounced by several senators today
as perceptibly reduced by the decision of
the supreme court in the tobacco case.
No intention, however. of abandoning the
proposed attempt to amend the law has
been announced by the senators who in
troduced amendments in the senate Just
after the Standard oil decision. 1t is said
nevertheless that the stubborn defense of
the law and of the Interpretation by the
court would be made on the floor of the
senate II the amendments are urged for
passage.
The drastic remedy held over the heads
of the defendants in the tobacco case in
event they do not remedy the evils COM
planned OF by the court is said to have
strengthened the faith of those who ac-
cepted the majority opinion of the court in
the Standard OIL case the proper course.
The decree in the tobacco case is taken by
NGNua aNaW
antitrust law is an instrument by which
every evil OF this nature in interstate com
merce may be crushed out, If the govern
ment only possesses the will and energy to
do So"
The decision Of the supreme court has
been read with interest by President Taft
and members Of his cabinet but it is prob
able they VIII prefer to wait for several
months to outline definite antitrust poll
cies II additional legislation is then
thought necessary, President Taft will
recommend it in his messages TO congress.
} Kellogg Regards IL as Victory.
/ ST PAUL May 30.-"Taking the Stand
: ard Oil case and the tobacco case together,
) don't see any Ioophole through which the
trusts can escape. ANY combination or
monopoly, whatever form it takes, can be
; reached under the rule laid down In these
decisions"
That was the statement today of Frank
B. Kellogg, who successfully prosecuted
> the Standard Oil dissolution suit on behalf
Of the government
II can find no cause for uneasiness in
the recently enunciated doctrine of reason
able restraint " he continued. 'I Judge
the government won on every contention
In the tobacco case and that the case Is
simply sent back to enable the court below
to enter a decree completely to sever the
, various properties conveyed TO the Amer
lean Tobacco company. {
There was no necessity for sending the
Standard OH case back. because the decree
In the count below was a complete sever
ance OF the corporations"
Trust official Not Alarmed.
RICHMOND, Va. May SO.-The supreme
courts decision in the tobacco case is
viewed with little concern by the operating
officials Of the American Tobacco COM
pany's huge factories here.
1T cannot reduce our output" said one
official today, ''as the demand for cigars
, cigarettes, chewing tobacco and even for
: snuff is increased.
. Manufacturing must go on, but il seems
: probable that under the required reorgani-
zation We may be inconvenieaced by hay-
ing a clumsier and more extensive sys.
: tenn, with separate companies increased
: bookkeeping, more officers and other fea-
lures not in harmony with modern and
scientific business methods"