The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1911-05-30
Complete Government
Victory, Asserts the
Attorney General

Attorney General Wickersham. in a
statement characterizing the tobacco
decision as a complete Government VIC
tory. says
The decision in the tobacco case In
the most comprehensive and sweeping
manner sustains the position taken by
the Government with respect to the de-
cree below. 1t reverses the action of
the Circuit Court in dismissing from
the bill the individual defendants. the
British American Tobacco Company,
Limited, the Imperial Tobacco Company,
Limited, and the United Cigar Stores
Company. holding that they are all
parties to the unlawful combination
which is condemned by the decree.
THE court gives an Interpretation
of its decision in the Standard OIL case,
saying that 1t was there held that in
view Of the general language of the
statute and the public policy which 1t
manifested, there was no possibility OF
frustrating that policy by resorting to
any disguise or subterfuge Of form,
since resort to reason rendered II I'M
possible to escape by any indirection the
prohibitions of the statute
Many Violations.
1T then holds that the history of the
tobacco combination is so replete with
the doing of acts which 1t was the OBJ
vious purpose of the statute to forbid,
so demonstrative of the existence from
the beginning of a purpose to acquire
dominion and control of the tobacco
trade, not by the mere exertion of the
ordinary right to contract and to trade,
but by methods devised in order to mo-
nopoliZe the trade by driving competi-
tors out of business, which were ruth
lessly carried out upon the assumption
that to war upon the fears or to play
upon the cupidity of competitors would
mkae success possible
Holding, therefore, that the combina-
ton as a whole and all its cooperating
and associative parts, in whatever form
clothed, constitutes a restraint OF trade
within the first section of the Sherman
act, and an attempt TO monopolize and a
monopolizatiOn within the second sec
ton, the court remands the cause TO the
circuit court in New York for the pur-
pose of working out some plan of dis
Indignation of the combination which
will re-create a new condition which
shall be honestly in harmony with and
not repugnant to the law
Gives Six Months.
1T gives the defendants six months
within which to work out that result.
with the right in the circuit court to ex-
tend that time two months If 1t shall
seem to it proper. 1t also provides that
during this period each and all of the
defendants, individuals as well as cor
porations. shall be enJoined from doing
any act which might further extend or
enlarge the power of the combination oy
anv means or device whatsoever.
of at the end of the time so al
lowed such a condition of disintegra-
ton in harmony with law is not
brought about, it shall be the duty of
the circuit court, either by way OF
Injunction restraining the movement
in interstate or foreign commerce of
the products of the combination, or
by the appointment of receiver OF
the entire combination, to give effect
to the requirements of the statute.
1T is scarcely TO be conceived tnat
anv more comprehensive and effective
of the statute to this vast
com bina alton could possibly have been
decreed."