The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-09
Features Of Opinions.

The features Of The opinions Of
Judges Lacombe. Moves aud Coke are
that the dissolution should be consum-
mated without delay; that the request
OF ATTORNEY General Wickershsm for
the reservation by the government of
the right 10 apply Tor further or other
relief within hNc years il the plan did
not result in harmony with the law Is
not within the authority on the court
TO grant; that the court culoins for
three years the twcnty.ninc individual
defendants in the suit from acquiring
any additional holdings In the com
panies into which the trust is split: and
that the application mada by inde
pendcnts for dissolution of the United
Cigar Stores company lay outside the
authority of the court, but that this
did not preclude any Independent ac-
tion later against the Cigar Stores com
pany. as au individual corporation,
The announcement of the courts ac
ton was followed almost immediately by
the declaration of counsel for several OF
the opposing independent tobacco inter
ests that attempt would he made TO
have the decision reviewed by the su
prclne court
Judge Noyes drew a general moral
from the case. In conclusion. hc said
"The extent to which il has been nee
essary. 10 tear apart this combination aud
force it into new forms with the at
that the federal antitrust statute Is
drastic statute which accompishes ci
tectivc results: which, so long as 1t
stands on the statute books must be
obeyed, and which cannot be disoheyed
without incurring farreaching penalties,
Effect Of Enforcement.
And on tho other hand. the success
ful reconstruction OF this organization
should teach that the effect OF enforcing
this statute against Industrial combine
tions is not TO DESTROY. but 10 re-crc8te
I'm accordance with the conditions which
the congress has declared shall exist
among the people Of the United States.
In comment upon the request Of At
tcrney General Wickersham for the res
oryatlon 10 the government of the 5ght
to apply 10 The court at any time with
In five years FOR, further or other re-
lief. Judge Lacontbe says:
But neither IN the supreme courts
mandate nor in its opinion is there any
warrant for the conclusion that this court
is To prescribe the temporary terms of
the modus vvcndl with the power TO
rcassembe ourselves or our survivors
and successors and modify those terms,
while In the interim. by purchase or eX-
changes Of these bonds, upward OF one
hundred million dollars worth Of prop
erty shall have changed hands irrcvoca-
bly.
THE only function assigned To us is
TO consider any proposed plan which
responsible parties engaged To carry out
and approve or reject st: in the event Of
rejection. the only alternative is inJunc-
ton. rccclvcrship and sale, The time
limit fixed In the mandate six months
and possibly TWO more precludes any
other construction oi it's terms
Judge Lacombc says that while the
plan for disintegrntior is correctly de-
scribcd as the proposed plan OF tho
American Tobacco company, since that
corporation and the other defendants Of
fer 10 carry ii out. II should be rcmem-
bercd that In its present form the plan
Is the fruit Of much discussion during
the open hearing. He says also that
the objections OF Attorney Wickcrsham
were followed by notifications of the
plnn, some Of It's most drastic provisions
being inserted TO meet his criticisms.