The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
Coun sci Declare Cor
poration Triumph Of
American Industry.
PATRONAGE SHOWS
ITS POPULARITY
It's Only Enemies Are Competi.
tors and Politicians-W When
Argument Ends To-Day SUI
preme Court Will Take
Up Standard Oil Dis
solution Case.

Washington. p. c.. January 10.
Counsel for the tobacco corporation
to-day. pounded the governments po-
sition in seeking to have the Su-
prcme Court of the United States dis
solve the o-called Tobacco Trust"
First. Delaney Nicoll addressed the
court. He was followed by John G..
Johnson. and he in turn, by w. B.
Hornblower The last spoke on behalf
of the Imperial Tobacco Company. re-
ferred to as the British Tobacco
| Trust" The first two appeared for
the American Tobacco Company.
During Mr.. Hornblower's address
Justice Harlan. whose love of good to-
bacco has been the basis of many
amusing incidents around the court.
| asked II any explanation could be adj
vanced as to why he was unable tc
get any chewing tobacco that was not
| unsound. or rotten. or unadulterated.
The Imperial Tobacco Company
never manufactured chewing tobacco"
the attorney replied. My understand
| Ing is that the English people do not
chew tobacco. and the only demand for
| 1t In England Is by tourists"
Delaney Nicoll In his argument to
| the court, said:
The history of the American To-
! bacco Company is the history of the
| expansion of trade. not OF it's restraint
pany has erected is triumph OF
American industry and intelligence.
| 1t is the governments largest tax
pawer. 1t has no enemies except COM
| petitors. who would rise to fortune,
and politicians who would rise to fame
on its ruins The enormous patronage
! 1t receives from tho public attests Its
! popularity.
Prcpostcruus PropoanI.
What more preposterous proposal
| was ever made to this court than that
1t should lend its aid to destroy this
| great business to raze this Fabric OF
American industry to the ground. drive
| buyers from the markets. until the to-
/ bacco rots in the field. withdraw this
! pioneer of commerce from foreign
| marts. embarrass merchants, annoy GUS
toners. and destroy the returning con-
| hdence OF the financial and irdustrial
| worldr cannot believe that any such
proposal will find favor In this august
! tribunal, where common sense pre-
walls. where reason reigns. and where
! passion and prejudice play no part"
Mir. Johnson first attacked the gov
| ernment's reference 10 tie Wilson tariff
I act OF 1894 Us u congressional inter-
| probation Of tho Sherman act Of 1890
| Mr. McRoyuolds had made this refer
cnce in support of Il broad interpre-
tation of the sherman act MIR, John
! son said that lie had always believed
Gated that the Legislature considered
| that the second act was not included
| the first.
/ The governments Interpretation oe
| the sherman act was attacked further
! because OF the insistence that the word
| material" was meant by Congress to
| he inserted before restraint" in lie
| statute. Mr.. Johnson said that the
/ best minds of the country had failed 90
convince the court that the word ''un-
| reasonable" should be inserted before
restraint" and lie prophesied that the
| governments present attempt would
result in failure Consequently, Mr..
| Johnson argued that the government,
whole theory fell to the ground.
The attorney contended that the
| Knight case controlled the present
suit, and therefore. that the court must
| hold again that the manufacture of
! goods. which might later enter into In
| terstate commerce. could not be reach
cd under the Sherman antitrust law.
standard OIL suit.
| The Standard Oil dissolution suit
| will advance TO the centre of the stage
: in tile Supreme Court OF the United
/ states tomorrow. Immediately after
! arguments are concluded In the tc-
/ bacco dissolution suit. For the re-
/ mainder of the week at least. the court
/ will give its attention to considera-
/, ton of this section problem under tho
! Sherman antitrust law.
For the government there will ap-
pear Attorney General Wickersham,
Frank b Kellogg and possibly c. a.
Severance. Opposed 10 them AMI de-
| tending the standard Oil VIII be John
q. johnson, John G. Milhurn and y, 4.
Watson
The governments chief object is to
nave the court declare void the corr
pora,c organization of 1899. whereby
the standard Oil Company of New Jer-
scy. with its Increased capitalization. 4
! exchanged its stock for the stock OF
nineteen other oil corporations, which
corporatins II is claimed that this
annals CANA ton OF the stocks of all these
companies in the Standad Oil Company,
OF New Jersey, resulted in a combina-}
tiun more closely and effectively held
together than before ana In restraint
OF trade The resultant control of oil,
through the subsidiary corporations, Is
said to constitute q monopoly. Both re-
suits. the government contends, are In
violation Of the sherman ANTITRUST
law
IN support Of IT'S case, the govern
,nent viii claim that following tho
action OF the cour; in the Northern
Securities case, II mast dissolve the
Standard oil Company OF New Jersey
as Il holding company suppressing e
competition.
In urgng upon the court the propo-
sition that tic standard Is monopoitz-
ing The government viii argue thai a3