New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-12-01
TAKE TOBACCO CASE UP
independent interests to Seek
Review Before Supreme Court.
GOVERNMENT OPPOSES MOVE
Petitioners Declare New Condl-
ton Created by Reorganization
Plan Is Violation of Law.

The indeoendent tobacco interests took
the first step yesterday TO bring the re-
organization plan Of the American Tobacco
Company. as approved 10y the United States
Circuit Court. for review before the SUI
uremc Court. Felix II. Levy, on behalf Of
the Leaf Tobacco Board Of Trade. of New
York. served notice on the attorneys in the
Tobacco case that he would present a petl-
tlon to the Supreme Court in Washington
on Monday. which i'm effect means an ap-
plication for leave to appeal from the dc
cree Of the lower court
The Department of Justice authorized
the statement Yesterday that the govern
r,ent would oppose any motion of the in
dependents 10 be made parties TO the SUIT
and Ia bring the Tobacco case for review
before the Supreme Court
The petition Of the Leaf Tobacco Board
Of Trade asks for leave Of the Supreme
Court 20 hle. petition for the following
relief
That writ Of mandamus issue 10 the
Judges Of the said Circuit Court Of the
United States for the Southern District OF
New York, directing them to vacate and
set aside the said decree. and TO enter
decree in conformity with the opinion and
mandate Of this court.
That a writ Of prohibition issue directed
10 the said Judges. prohibiting them from
proceeding 10 put the said decree into ef-
feet and from granting the further and
supplemental remedies and relief therein
provided for.
That q writ % certiorari issue requiring
the said Judges 10 return and bertify 10
this court all the proceedings had before
them in the said cause since the filing OF
the mandate Of this court in the court be
low. with all documents and evidence on
which they may have acted in determining
the form Of their said decree.
That a writ OF mandamus issue requir-
ing the said judges to permit your petit
toner to intervene in said cause, and 10 be
TONED as a party thereto, with the right
10 appeal from said decree or otherwise
proceed in said cause as such party.
That pending the hearing Of the decision
NJ said petition and Of the return thereto.
ell proceedings by the defendants or any
~ them looking TO the execution of the
plan OF dissolution described in said de-
cree be stayed.
The petition says the Tobacco Board Of
Trade is composed Of more than seventy
five concerns engaged In the business Of
selling leaf tobacco TO manufacturers Of
tobacco products, and that these concerns
are vitauy interested, both directly on
heir own account and indirectly on the
account OF their customers, in the proper
determination by the Circuit Court Of the
dissolution Of tho Tobacco Trust as de-
creed by the Supreme Court.
After a review of the proceedings which
resulted in an approval by the Circuit
court Of the reorganization plan of the
American Tobacco Company, and after
citing the objections against the plan
raised from various sources, the petition
SAYS the purpose Of the American Tobacco
Company i'm settling it's differences with
u r. Richardson. jr, & Co. was to remove
the only party 10 the suit whose appeal
from the plan was the cause Of apprehen-
sion.
Tho petition then analyses the plan and
points out what the petitioners consider its
defects saying tho new condition created
ly the plan is iu itself q violation of the
antitrust law. The petition then says:
Despite the manifold imperfections of the
said decree and plan" and despite the great
public Importance of obtaining a review
by this honorable court of the determine
ton made by the said Circuit Court, and
despite a widespread disapproval, publicly
expressed, by the varied interests il the
tobacco industry which have been op-
pressed and dominated by the said unaw-
ful combination, and by the public gen
orally, the Attorney General Of the United
States has publicly declared his purpose
not 10 appeal from the said decree and
thereby 10 obtain a final and authoritative
decision by this honorable court of the i'm
portant questions involved herein and a
settlement Of the grave doubt which IS
felt throughout the United States as to
the adequacy Of the antitrust law Of the
United States TO correct the wrongful situa-
lion which was condemned by this hon
Orable court in said cause
Your petitioner IS advised and believes
that g. comparison Of the said decree. with
the opinion and mandate OF this court will
show that said decree does not conform
10 said opinion and mandate, and fails to
give effect thereto.