The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-12-05
ASK FOR REVIEW
!. OF TOBACCO PLAN
Motion Made in Supreme Court
On Behalf Of Leaf Selling
Concerns.
OPPOSED BY GOVERNMENT
Attorncys-Ceneral of Virginia
and the Carolinas Join
in Petition.

Washington, December 4.-The SUI
preme Court of the United States to-
day took under consid Iteration the ap.
piicatlon OF the Leaf Tobacco Board
OF Trade of New York to have that
tribunal review the reorganiza ton
plan of the American Tobacco Com
pahy' decision Is expected next
Monday. The government opposed the
motion.
Inc application for the petition was
made by Felix IL Levy, representing
tne Lear Tobacco Board Of Trade OF
view York. which is composed OF about
sefenty-nFe concerns engaged In tho
business OF selling leaf TOBACCO TO to-
oacco manufacturers. In the petition
IL was stated that the Attorneys-Gen-
efal OF Virginia. North Carolina ana
south Caronna joined In the request
Tor consideration by the Supreme
curt OF the reorganization plan.
Prayers In Petition.
Inc petition asked that the United
states Circuit Court for Southern New
York be required to vacate its recent
decree approving the reorganization
vi tae American Tobacco Company,
which had been directed by the SUI
preme Court. in Its opinion last May.
- NAsiHtSSfuSG. <tHOtNtr PRAYER
that the Circuit Court be directed to
send the case to the Supreme Court for
review, and to allow the BOARD to In
tervene as party to the suit which
resulted In the dissolution decree of
the Supreme Court last May,
In support of the petition, a BRIEF
mao been prepared for submission to
the court In this brief, Mr.. Levy and
ms associate. Benjamin y. Cardozo,
haf la
Court was not In conformity with tho
Supreme Courts mandate In the tobac-
co case The court was told In the
oriet that the Attorney General of tho
United States had announced that he
would not appeal from the Circuit
Court decree.
Inc repugnancy between the de-
cree and the mandate must therefore
remain uncorrected," the attorneys
salu, the decision of this court, de-.
signed to remedy great public wrong.
must be frustrated. and the beneficent
results that should have followed from
IL be forfeited. unless at the Instance
Oh citizen who's Interests are vitality
ahected, this court shall see TO 1t that
It's commands are made effective"
Foremost Objection.
The foremost objection urged to tSs
reorganization plan was that IL re-
- 49, ai'iSio VI the STOCK OF
the several corporations Into which
the combination was divided among tia
common stockholders of the American
! Tobacco Company. with the result,
that the very men who have been ad
judged by this court to be illegal con.
spirators are maintained and confirmed
In their ownership and control" II
was commended that the common stock
holders should be prohibited from .,b
tanning or retaining control over the
business.
I'VE do not ask that the defendant.
be deprived of anything which they
now own" the brief continued. I'VE
DO not ask that a single share now
belonging to them be surrendered. We
merely ask that when the tobacco COM
pany parts with the shares which II
owns IT be required to do so in such a
way as to prevent the conspiracy from
oelnS perpetuated. II the court NAV
compel the chief corporate defendan MT
to break up the combination by Kidding
Itself of Its shares. It may compel the
Individual defendants to break IN the
combination by refrainlng from buying
these shares"
The Attorneys General Of Virginia.
North Carolina and South Carolina are
quoted as saying that the reorganiza-
ton proposed. in substance. would ef-
rect change in the method of book
keeping, and nothing more