The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1912-01-11

Cincinnati, O., Jan. 10.-(Special)
The Burnley Tobacco Society was
given a fatal blow regular solar
plexus in the United States Court
Wednesday in the suit of Eshelby
Tobacco Company VS.. Clarence Le-
Bus, Ferguson and the Burley To-
bacco Society. and it now looks as
though the society is facing the be-
ginning Of the end.
Judge Hollister. of the United
States District Court. for the South
ern District of Ohio, decided that the
Burley Tobacco Scciety's contracts
with the Independents were in re-
straint of trade and in violation of
the Sherman antitrust law. and that
he would so instruct the jury. ana
this being his decision. there would
be but one question for the jury to
determine and that is the amount of
damage sustained by the E. o. Eshel-
by Tobacco Company, plaintiffs in the
ease.
The decision was precipitated by
questions asked during the morning
session as TO what percentage of the
Burley crop in the year 1906 was ii.
the hands of the Burnley Society.
Attorneys for. the plaintiff object
ed to this on the ground that it wa
immaterial and then the question of
the interstate commerce phase of the
case came up and Judge Hollister
asked if the attorneys wished to ar
que this point. Upon reply that they
did the jury was excused and re-
manned out nearly the remainder of
the day. ----
Judge fHoll;ster summed up the
question in detail He said that the
case before him presented many in
teresting phases and there was no
doubt THAT. naturally there should
have been sympathy extended to the
farmers and growers of Kentucky in
their effort to uphold prices Of their
tobacco in the face of an ubiquitous
system by which it had been sought
at prices considered ruinously low.
but he thought that the practical lc
gal phase CT tie question s,iauid BE-
considered and he believed the case
to be one for the Supreme Court to
finally decide. He expressed the be-
lief that the Supreme Court woulI
uphold him in his opinion.
Tn his opinion. Judge Hollister rul-
ed that the tobacco pooled by the
Burley Tobacco Society was intended
necessarily for use in interstate
commerce. had always been so in
tended and subsequently was used in
interstate commerce.: that the Bur-
ley Tobacco Society fixed price on
this tobacco and refused to accept
any price other than the one fixed.
and that this act is considered by
him to be in violation of that por-
ton of the Sherman antitrust law
which concerns interstate commerce.
Plaintiff Has Won Suit
While a number of witnesses are
to be examined Thursday, it is ad-
mitted by both sides Wednesday
night that the opinion settles the
suit in favor of the plaintiff and that
the only matte to follow will be the
amount of dimages, if any, to be
awarded. This will be determined
by the jury which is expected to re
ceive the case Friday.
1t is the general opinion Of those
interested that the Burley Tobacco
Society received body blow which
will eventually cause its death
Those who have followed the case
carefully and are competent to pass
on the legal points involved give i
as their opinion that the Supreme
Court will affirm Judge HOLSTERS
decision, and if it does, the Bdrley
Tobacco Society will then be in the
same attitude as were the STANDARD
Oil Company, American Tobacco