The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1912-05-11

up of this combination by in effect
compelling the holding company to
distribute among its stockholders pro
rata the stocks of the thirty-odd COM
petitive corporations held by 1t, and
sought to prevent a renewal OF the
unlawful combination by enjoining all
Of those corporations, as well as the
Individual defendants who held the
dominant interest in them, from in
the future doing acts Of character
which, in the past, had restrained
trade and made for monopoly.
about a year after the suit
against the Standard Oil combina-
ton was brought, President Roose.
velt's Attorney General, Mr.. Bona
parte, caused a suit to be commenced
against the American Tobacco cont
pany and its subsidiary corporations
and principal stockholders, in which,
after charging them with constituting
an unlawful combination and mono
poly in tobacco and its products, in
violation of the Sherman law, the re-
tition prayed that certain specific
agreements described in the petition
be declared illegal, and their further
performance enjoined; thai the
American Tobacco company and Ger
tain ether specified corporations be
sew, ally adjudged to be Combina
tions in restraint of Interstate trade
that the holding of stock by one of
the defendant corporations in another,
under the circumstances described in
the petition, be declared illegal, and
such fui Their holding enjoined; and
that each Of the defendants be en-
Joined from carrying out the con-
tracts and combinations described in
the petition, and from attempting or
continuing their attempts to monopo-
lie.
THE decree OF the circuit court,
which was rendered after the trial
Of that cause, was not regarded by
the Government as granting the en-.
tire relief sought and an appeal was
taken to the Supreme Court. That
court held the combination to be un.
lawful, and then approached the ques.
ton OF remedy with acknowledged
perplexity Of mind. The Chief Justice
pointed out wherein the decree Of the
court below was insufficient to grant
the relief sought, and said:
1--WE might at once resort to one
or the other Of two general remedies:
(a) The allowance Of permanent in.
junction restraining the combination
as universally and all the indi.
viduals and corporations which form
part Of or cooperate in 1t in any
manner or form from continuing to
engage in interstate commerce until
the illegal situation be cured .;
or (b) to direct the appointment of
receiver to take charge Of the as.
sets and property in this country of
the combination in all its ramifica.
lions for the purpose of preventing a
continued violation of the law, and
thus working out by sale Of the
property of the combination, or other.
wise. condition of things which
would not be repugnant to the prohf
billions of the act. 1921 U. s., 1856.
So"
But having regard to the vast in.
terests affected, the court concluded
1t should adjudge that the combina.
ton was in all respects a violation of
the law, and then refer it back to
the circuit court, as 1t did
ito hear the parties, by evidence
or otherwise, as it may be deemed
proper. for the purpose of ascertain
ing and determining upon some plan
or method of dissolving the combina
ton and OF re-creating out OF the
elements now composing it new
condition which shall be honestly in
harmony with and not repugnant to
the law. 1921 U. s., 1S7)." =.
The court laid emphasis upon the
necessity, while giving complete and
efficacious effect to the prohibition
Of the statute, of accomplishing this
a. .g.l
to the interests of the general public
and with proper regard for the vast
interests of private property which
might have become vested in many
persons as result of the acquisition,
either by way OF stock ownership or
otherwise, of interests in the combin.
alton, without any guilty knowledge
or intent in any way to become par.