Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-04-25
PASSAGE or cUMMlNs Git OPENS
UP ENTIRE QUESTION ONCE
MORE.
PROBABLE THAT APPEAL
WILL BE TAKEN TO COURT
Such Action in ovsrturnins Legal Pro.
eedurs Would Be Remarkable and
Important 20 Ultimate Consumer
Action Of Supreme Court ProbIsmati-
cal.-other Geographic News.
Tspecial Correspondence

Washington, April 25.-The possible
ity and more than the possibility exists
Of the whole tobacco trust case being
thrown into the air again. 1t is not
only possible but good deal more
than that that there will be an appeal
to the supreme court Of the United
States from the decree of reorganiza-
ton in the circuit court and that this
decree will be materially altered.
Such an eventuating OF legal COM
plication that has been widely regarded
as closed would be not only remark
able, but highly important to the legal
and business world. Likewise, it would
be Of moment to that mythical entity,
the ultimate consumer, in other words,
the public.
cun,n,ins Opens Up Question.
The passage by the senate of the
Cummins bill directing the attorney
general to take an appeal in the to-
basco case has opened up the tobacco
controversy anew. The action of the
senate was unexpected. The senate
judiciary committee had made an I'M
favorable report on the Cummins
proposition, tho number Of the best
lawyers on the committee supported
it. Senator Root. Of New York. was
one of those opposed to 1t.
Senator Cunmins on the floor of the
senate offered substitute directing
the attorney general to take an appeal.
This went thru without roll call. 1t
is generally believed the house will
pass the bill 1t is going TO be difficult,
as a matter of fact, for the house
i. % f,,c~ 4
Then. providing the president does not
attorney general to take an appeal
Supreme Court Uncertain.
OF course, 1t is impossible to say
an appeal With that body will rest
the last say. supposing that the bill
becomes law. If the supreme court re-
fuses to entertain an appeal there will
be no appeal.
On the other hand. there is the posi-
bility that the supreme court will take
the view that this is a case of vital i'm
-portance and that the decree of reor-
ganizatlon of the lower court ought to
be overhauled.
| Senator cummins' Position.
| In the discussion of the matter in the
| judiciary committee and in the senate.
Senator Cummins, and those who have
supported his position have MAIN
tanned that the decree Of the lower
court was not as a matter of fact in
accordance with the decision of the SUI
preme court in the tobacco case and
the oil case; that the decree of the
lower court did not put the tobacco
trust and it's constituent elements into
conformity with the Sherman law;
that the lines of reorganization were
not properly laid down by the lower
court: that the different circuits Of
the country, in view Of the fact there
was no reorganization decree by the
supreme court, would not follow the
tobacco reorganization decree in sub
sequent cases but would take their own
view of the law; and that the only way
to settle the question of just how a
combination in restraint of trade
should be reorganized, once and for all,
at least until existing law shall be
changed, was to appeal to the supreme
court and set that tribunal to pass
judgment
Were this done,a 1t is pointed out,
then the country would have at hand,
first. the last word of the supreme
court on the construction of the Sher-
man law. and, second, the last word Of
the court on just how the law should
work in actual application and prac-
ticc.