Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-26
TOBACCO TRUST CASE
CENTER Of FIGHT
QUESTION OF RIGHT or INDIE.
PENpENTs TO APPEAL TO
Become LIVE ISSUE.
At PRESENT
LOADED WITH DYNAMITE
Contest Certain to Go to Floor Of Sen.
ate and BE 1hrsshsd out-Prosrss.
sivs Democrats and Republicans
May Form Coalition = Wieksrsham
elundsrs and Makes Trouble.
-Ispecia1 Correspondence.i

Especial Correspondence
Washington. Jan. 26.-That the
question whether theer shall be an ap-
peal to the supreme court in the tohac-
CO trust reorganization case Is going
to become the storm center of one OF
the biggest fights of the session. es-
; pecially in the senate, is now fore
shaowed.>
The situation as to an appeal in this
case is loaded with dynamite. Just
now, the senate judiciary committee
real struggle will doubtless be wased
on the floor of the senate.
The symptoms now are all indicative
OF a contest on the floor in which the
progressive wing of the republicans
uniting with the progressive wing of
progressive wing of the democrats
will endeavor to force thru legislation
making it possible for the Independent
tobacco interests to ask review of the
reorganization decree of the circuit
court of the Second circuit.
Wieksrsham Fails to Settle 1t.
The appearance of Attorney Genera!
Wickersham before the judiciary COM
n1ittee in opposition to an appeal. ard
in defense Of his course in not seeking
an appeal, has settled nothing. 1t has
made 1t unlikely that there will be fur
Their serious consideration OF the plan
Of requesting the attorney general TO
appeal. He declared to the judiciary
committee that as he viewed 1t there
was nothing to appeal from: that the
decree of the circuit court resulted In a
con dition OF the constituents OF the to-
hacco trust in harmony with law: and
that he was opposed to the Cummins
bill which would give the Independents
the RICH. to take an appeal.
Under these circumstances, II is not
likely there will be any serious attempt
made to pass resolution requesting
an appeal Some of the senators who
want an appeal think that in his frame
OF mind the attorney general could not
be expected TO carry the case to the
higher court effectively.
The failure of Attorney General
N!ckersnam to take the case to the
supreme court has brought on the ad-
minis tration no end OF criticism from
the Independent tobacco interests. And
there is much sharp criticism TO be
heard among senate lawyers who are
classed as progressive both on the re-
publican and the democratic sides OF
the chamber. The criticism is on sew
eral grounds.
Wiekershar slundered.
In the first place. it is pointed out
that Attorney General Wickersham
made a political blunder for the ad-
ministration because. tho the tobacco
trust is dissolved. every Independent
is sore a; the administration for not
carrying the matter to the supreme
court. The administration has in other
words lost the friendship Of the very
men who would nave warmly support
ed II II the case had been fought thru
the supreme court.
In the second place, as a matter OF
law, the reorganization decree will not
be legal precedent outside of single
circuit If there had been decree OF
the supreme court, this would have
been binding precedent in all the fed
eral courts. Until, therefore. the SUI
preme court has actually passed on the
reorganization Of a combination. there
will be utter uncertainty as to what the
supreme court means by ordering 2
combination resolved into its elements
and placed in a condition in harmony
with tine Sherman Law
Third. inasmuch as the fabric of bus
| mess in this country depends much on
the Iines-tha. may be laid down by the
courts for the organization OF big con-
| Germs. It Is urged by the senate lawyers
who insist that an appeal ought to be
had that the public will never rest sat
| isfied until there has been a review OF
/ some reorganization by the highest ju-
diciaI tribunal. It is urged that the is
sues involved are too ynomentous tc
| allow q lower court finally to settle
| them.
! Attorney General Wickershem told
the judiciary comittee that he took the
responsibility for the form Of reor.
gapi1a ton, but against this it is argued
that the Responsibility should have
rested IN the last analysis with the %
pseme court and there would have
been better satisfaction all around.
Outcome in Doubt.
It IL . doubtful question whether {
measure for an appeal can be forced
thru congress. One reason for this I,
ators are going to take refuge behint
1 the plea that no constitutional way O
! doing 1t can be found. II It can b,
pretty clearly demonstrated that tn
Cummips plan or some other plan fol
an appeal is legal, however. IL will NO
be easy TO prevent the legislation.
How the tobacco case IL working po
littcally may be judged from the ad
vices that have come from Massa
chusetts to the effect a prominent in