The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-24
TOBACCO PLAN IS
NOT DISSOLUTION
States Unite in Protest Against
Reorganization of
Monopoly.
CONTROL is UNCHANGED
Attorneys-General Present Brief
Before United States Cir
cult Court.
CONTROL is UNCHANGED

Wheh hearing is given in tho
united states Court for the Southern
Distrlct OF New York on Saturday of
this week OH the protest of tho Attor
neSS-General OF Virginia, North Caro-
I'M" ana south Carolina against tho
p'oPoscd pan OF reorganization of the
american Tobacco Company IT is proh
able that Attorney General Samuel ~
VIII ans Will speak on the subject
representing Virginia, he Joined In the
conference held on Friday In New York
TO consider the plan
AS stated In Saturday mornings
p'pers' the three attorneys decided to
en,er formal protest against confr-
NATION of the proposed reorganization.
on the ground that 1t In no sense
complies with the intent of the de-
clsion OF the Supreme Court that tho
mon opoiistic features of the American
Iobacco Company should be do
, stroyed. The following brief was filed
IN the United States Circuit Court in
new york yesterday:
Attempt to NulIify.
The plan submitted to this court Ia,
the american Tobacco Company docs
not nave the merit of even Iool,inr
IKE dissolution of the combination
OF destruction OF the MOI opolv. wc
earnestly protest that said plan Is in
no sense compliance with the tudr-
VI 'hc supreme Court of the
United states. but. tested bv tho ,,,,o
of reason which tho suprcmc Gu.
invoked in the Interpretation of the
! iaw' II is plain that the plan is a hold
attempt to nullify the Judgment of
the court %
'fhe one purpose of the hiu IN
| equity filed in this cause and the ono
purpose or the decree obtained in an
swer to its prayer was TO restora ~,
, hnt
ne pan OF the American Tobacco
company contributes nothing n tbis
END 1t turns loose no asset and no
agency by which 1T now maintains its
absolute dominion over the tobacco
trade. Its avarice for power and Ire
utter unwillingness to loosen It's grin
On ~. inc tobacco business is strikinglv
niiuSef"ted IN It's refusal to give up
one OF the least of its subsidiary com
pahies-E. p. Richardson, Jr. & 70
tlhc.)' although that COMPANY has
from the inception of this suit nett.
TONED to ne allowed TO do an inde-
pendent business.
Control Not DIstrIbutrd
me division OF the COMPANY into
.o"r OF fourteen working organlza
lions. each and every one or 49,,
dominated and controlled H.. ~ 49,
eht common stockholders of tho
american Tobacco Company. win Of
rect change in the method of hoo,.
Keeping and nothing more. Oneness
oi ownership necessarily means ono
ness of control, and the pIan suh-
united contains the same kind of dis-
memberment that takes place when
the hand divides into fingers 40
submit that IL the evidence taken IN
inns cause had disclosed the precise
condition which the tobacco cn,nn,n,
proposes now to create the findings
OF the court would have been in no
way different. The combination
would have been as effective. the
monopoly as complete. and the viola
loh OF the law as clear as under n
single organization
1t Is aNiomatic that business movcs
along lines OF self-intcrest, and there
can be no real competition between
persons or corporations unless their
interests are antagonists The plan
proposed by the tobacco company
maintains .ommunity of interest he,
tween all the companies il is pro-
posed 10 create. and this makes real
competition between them impossible.
In its patent failure to separate into
independent entities. in the utter alb
sence of serious effort to restore the
competition which has been DESTROYED.
the plan submitted by the American
Tobacco Company falls far short OF
the primary and imperative require
ment of the court that complete and
efitcaciouS effect shall he given to the
prohibitions of the statute and con-
dition created which shall he ION
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