The Barre daily times. (Barre, Vt.) 1897-1959, 1911-05-31
Lower Court to Direct Legal
Encouragement
OF COMPANIES INVOLV WE'D
Harlan Again Dissents--But Chief JUS
tice Says ave Took Nothing Out
of This Statute by the Rule
of Reason"

Washington, May 3l.-With the deci-
sion of the United States supreme court
ordering the dissolution of the American
Tobacco company it is now, according
to the higher courts degree, up to the
circuit court of appeals for the south
ern district Of New York "to hear the
parties, by evidence or otherwise, as
it may be deemed proper, for the pur-
pose Of ascertainng and determining
upon some plan or method of dissolying
the combination and OF recreating out
of the elements now composing it new
condition which shall be honestly in
harmony with and not repugnant to the
law"
Attorney General Wiekersham and the
government officers who conducted the
case against the tobacco company ex-
press great pleasure over the decision.
at is scarcely to be conceived" said Mr..
Wickersham, when he learned of the
ruling, "that any more comprehensive
and effective application of the statute
to this vast combination could possibly
have been decreed."
The tobacco trust is to have six
months in which to comply with the
law, and in the meanwhile it is enjoined
from taking any further steps to en-
large its powers or committing any fur
Their actions that are unlawful. The
time for compliance with the order may
be extended by not more than sixty
DAYS If the lower court deems it neces-
sarv.
One of the features OF the decision is
that il makes .nossible criminal action
against twenty mime individuals named
IN the governments original bill OF com
plant. The defendants named include:
James B. Duke, Caleb G. Dula, Pereival
s. Hill. George Arents, Paul Brown,
Oliver f. Payne, Thomas +. Ryan, Will
liam H. McAllister, Anthony n. Brady,
Benjamin N. Duke, H. NJ. Hanna. Her
bert D. Kingsbury, Pierce Lorillard, Ru-
fus l.. Paterson. Grant D. Sehley and
Williamson w Fuller
The decision was unanimous except
for the dissent of Justice Harlan, who
said that he was compelled to withhold
his assent although he agreed with the
courts holding that the American To-
bacco company and its subsidiary i'm
corporation, including the English cor
porations. were eo-operators IN com
hination that was Illegal under the anti
trust act.
The more the officials of the depart
ment of justice study the decision, the
better satisfied they are with it.
The thing about the decision that
more than any other gives them acute
satisfaction Is the recognition OF the
principle that If necessary. a receiver
may be appointed to take charge Of the
entire combination and make sale Of
its assets for the purpose Of giving force
and effect to the supreme court decision
and carrying into being the actual pur-
poses of the Sherman law to maintain
competitive conditions.
Not alone is this the first time the
supreme court has recognized the sound
ness Of this doctrine in connection with
the enforcement of the sherman law,
but it is felt by the department Of JUS
flee that il opens wide road for the
effective administration Of that statute.
When the department first advanced the
proposition in the beginning of the at
tack on the tobacco trust it was widely
scoffed at.