The Barre daily times. (Barre, Vt.) 1897-1959, 1911-03-13

SEES VICTORY
In Approaching Antitrust
Suits
SUPREME COURT DECISIONS
In Oil and Tobacco Cases Will Be Ad-
verse to Combinations, the De-
partment Lawyers Be
lieve.
SUPREME COURT DECISIONS

Washington, March bit is the be.
lief of practically every lawyer in the
department Of justice that big business
win be disappointed when the supreme
court Of the United States hands down
its decisions in the oil and tobacco anti
trust cases Everything they hear from
Wall street is that big business has
been advised that there will be deci-
sive construction OF the antitrust law
contained in the opinions and that the
great fnanciers are confident the SUI
preme court will lay down rule which
will enable them to so shape their opera
tons that they will be free from any
apprehensions on the score of proseeu-
tons under the antitrust law.
The departments lawyers believe that
in the Wall street sense there will be
no decisive construction" OF that, ev-
erybody, from Attorney General Wick
ersham down to the youngest special
assistant, is fully satisfied They base
their belief on information ard inference.
" iAAiN Aitt btllbNfNtAblf6 VI lNF Will atE
secret, there are ways BY which LAWYERS
in the department may honestly come
by fairly accurate Information as to
the ideas Of the justices That informa-
ton, with differences they are able TO
draw from the utterances of the justices
in other antitrust cases, makes ii
certainty, in their minds that Wall
street is doomed to disappointment
BY the department lawyers, the deci-
sious are expected to be adverse to both
combinations Some Of the attorneys
believe the court will send the tobacco
case back to Judge Lacombe with diree-
tions to bring the United Cigar Stores
company and the Imperial Tobacco com
pany back into the case. He dismissed
the complaint as to them. The govern
ment appealed from that part Of his
decree The appeal taken by the to.
bacco combination added to that Of the
government brought the whole matter
before the supreme court.
Judge Lacombe dismissed the selling
agent company chiefly because its stock
is not absolutely controlled BY the Amer.
lean Tobacco company. The Imperial
Tobacco company was let out OF the
case because, by its agreement with the
American Tobacco company either d-
rectly or through its subsidiaries. il con.
fines its operations to Great Britain
In each case oil and tobacco the su.
preme court is expected by the depart
ment lawyers 10 confne itself wholly to
the point whether the combination en-
tered into a conspiracy to restrain trade
or made contracts TO monopolize the
trade These lawyers hold that there is
no reason why The court should under
take TO lay down rules Of general appli-
cation.
In the Northern Securities case, the
court went so far as to say that the
mere possession OF power to restrain
trade between the states brought the
combination within the terms of the
antitrust law. Whether the oil and TO- (
bacco combinations succeeded in their
contracts and alleged conspiractes in con-
trolling the market, it is the belief OF
the government lawyers, will not infu-
ence the supreme court to any apprecia
BILE extent Their idea is that the JUS
tees will be Influenced bv what thew I
believe TO be the intent Of the oil and 1
tobacco combination rulers
The Knight case, notwithstanding
Theodore Roosevelt's contention to the (
contrary, has practically been reversed I
by the court. That is, the court has
in many cases come to the conclusion +.
that, while the declared purpose Of those +
who combine manufacturing plants is
to introduce economies. their real pur- /
pose is to 80 restrain and control trade T
between the states as to enable them /
to exact prices that will enable them I
TO pay dividends on false capitaliza-
tion.