Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-29
cUMM1Ns BILL IS RIGHT.

Under the heading, "Cunmins Made
Ridiculous.'' the Washington CORE
spondent Of the New York Tribune
says:
Such members of the senate COM
mittee on judiciary as believed in the
Cummins resolution. directing an appeal
to the supreme court in the tobacco
case were made to realize that they
were playing with edged tools when
they undertook to cross swords with
the attorney general today. and to feel
that, after all, the Cummins resolution
was ridiculous. The attorney general
told the committee that he could not
appeal from the decree of the circuit
court. for the simple reason that it had
done all he had asked of it. He said
he was convinced that competition had
been restored among the several parts
of the tobacco trust, and that was all
he IVES entitled to ask. He told the
committee also that he believed the
Cummins resolution to be unconstitu-
tional. and why, and that even If it
were not it would hamper the depart
nent of justice and restrict it's pow
ers. When Mr.. Wickersham had con-
Guided no one could befound who cared
of his we'll fortified assertions"
Having read this setting forth, IT
may be well to ask again Just what 1t
is Senator Cummins has proposed to
do.
York City, in conference with the or
ganizers of the disbanded tobacco
trust, agreed few weeks ago upon a
&c ~
four mpanies, which the court said
would not be in violation of the sher-
man law. The attorney general was
also a party to the arrangement.
The Independent tobacco producers
The moment the new plan was promul-
gated. at once entered an earnest pro-
test, asserting that the new plan was
N some respects more inimical to them
than the DID, and the tobacco monopoly
more complete. They asked for an APP
peal to the supreme court OF the Unit
ed States in order that the whole mat
ter might be sifted and the facts
brought to light.
The attorney general refused to APP
peal the case, because, he said, he was
satisfied with the result, and the to-
bacco trust OF course. refused to ap-
peal, for it was entirely satisfied. The
two parties in interest refusing to act
there was nobody else in position tc
perfect an appeal. Thus the whole
question Of trust reorganization was
left to the discretion of one court.
It was this situation Senator Cum
Minis proposed to meet. He offered q
bill to permit the independent tobacco
producers to take an appeal as parties
Of interest. and so secure the sanction
of the supreme court to the reorganiza-
ton of the tobacco trust, or have the
matter sent back for more equitable
adjustment.
It will be possible, Of course, for the
judiciary committee, or rather the sub
committee to which 1t is referred, tc
pocket this bill. But just how Senator
| Crnnmins is to be made ridiculous IL
not plain. II the attorney general II
right, then the most important bust.
ness interests can be determined II
secret conference with an inferior fed.
eral court, without the possibility o.
review Of any kind, which Is mucf
more likely to make the whole country
ridiculous.
Senator Cumming Is wholly right II
purpose, and we have confidence
enough in his knowledge Of the law Il
believe that he will not be found In {
ridiculous position, when the tim'
| comes, with any bill that he may In
| troduce.