The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1911-05-30
Tobacco Trust Unduly Unreasonable
Therefore Supreme Court Slaps 1t


WASHINGTON. MAY so View
ms the sherman antitrust law
from The HlIeht of reason" stand
point announced IN the standard
OF case. the United States supreme
court adiudged the American To
hacco conlnRny tthc tobacco truatl
u combine ana monopoly IN un.
rcaaonahfe restraint 81 trade
While The decree of the court be
low was mot confirmed. Chief jus
tlce White. Ia the opinion rendered.
announced that the facts showed
overwhelmingly that the tobacco
trust was combination In eun.
reasonable restraint Of trade
Harlan plesents.
To the insertion ol tho word run.
reasonable Justice Harlan dis.
scented
The majority opinion said
I'VE say these conclusions are
Inevitable. not because Of the vast
property aggregated by the comb.
nation aud not because many cor
porations which proofs have shown
were united hy resort 90 one device
or another. and not alone because
OF the domination and control over
the tobacco trade which actually
exists. but because We think the
conclusion Of wrongful purchase
and Illegal combination over
whelmiugly established"
Millions Used Wronafully.
Chief Justice White detailed the
pouring out OF millions to bus com.
pstlng concerns aud "the ever
present manifestations OF conscious
wraugdolng by the form In witch
the transactions were embodied
from the beginning
Justice Harlan delivered a yignr.
Gus dissent g part OF the decision
Il have found nothing in the
record he said which makes me
at all anxious 10 perpetuate any
new combination between these
companies. which the court con.
cedes have at all times exhibited a
conscious wrougdoiug.
4 eoueur. with some things said
In the opinion Just delivered for
the court. but some observations
are made In the opinion from which
/ am compelled to withhold my as
sent.
he declares that the supreme
court has nullified the Sherman
law by adding % the "rule Of
reason" written into u In the
Standard OH case the word "un-
due or s'undue restraint" In the
case OF the American Tobacco trust.
1.-THE court. In effect" ne said.
.inserts In the act the word undue.
ara makes congress say what Il did
not say, what Il plainly did not IN
tend to say. and what. since the
passage Of the act. il has explicitly
refused 20 say"
shfled Competition.
The case and It's inception In a
bin Of complaint filed on July 10.
1897. before the L. S. circuit court
for the southern district OF New
York.
II vas charged that the $500 001. +.
600 American Tobacco Co had grad.
uaiiy acquired a monopoly OF the
tobacco business tn tho United
States BY series OF bold bucca-
AE@&AAA "a kk48t43s NsAA NAtAtG0 ANUtstE'
tition and defied independent deal
era through network OF subsidiary
companies. operating as ~lndepend.
ent dealers.
Dukes as Leaders.
II was In 1890 that the govern
NETT claims the idea of controlling
tobacco interests originated with
the heads OF several big mannfae.
turing c0mpaniea-James r. and
Benz ~ Duke. Thomas r. RYau.
Pierre L0rillagd. X l.. Patterson. r.
A. b Widener and others-aua the
American Tobacco company was
shortly thereafter organized. the
stock being divided amortx the mag.
mates. From time to time the pa.
rent company absorbed scores Of
other competing firms. new sgbsidi.
ary corporations we're formed and
the octopus frightened It's hold In
1901. a retail outlet for the trust
product was secured through abb
sorption Of the United Cigar Stores.