| Show TOBACCO TRUSTS METHODS Wickersham Declares It Has Practised Duress and Used Power Oppressively UrL TY OF BUSHWHACKING It r 11 s Denounced as ns out OilS aiRl Inhibited toy IJ l u a Civil ChU Conscience cc Washington Dec 30 in a n pr cd brief of sham and his special assistant J 3 C today presented to th the tho supreme court of the United States th tho case aso of oC the government In the tho St Lou Louis tobacco trust cases calles which wUl be nr Jr next week In that court The Tire cases wore were tried In Its the United States circuit court for rOl the tho Southern district of New York which In dla missing the tha petition as ns to foreign to tobacco tobacco tobacco I bacco companies and some of the sub subordinate subordInate subordinate ordinate American companies adjudged tho the others to be bo parties to an un unlawful fu conspiracy and enjoined them thorn from con corn continuing their operations and nd from en engaging engagIng In Interstate commerce Tho The takes the post position positIon tion that the findings sweeping as they seem to have been be n were not broad brond enough and he ho asks the supreme coin court t tto to extend them so as ns to widen their scope to take In foreign companies and some Individuals relieved from torn rom the operation of oC the verdict Many Marcy other extensions of ot the tire judgment arc also als requested After Arter showing that in 1890 competition competItion tion was as free the various coalitions are traced In lii the document and facia are lre given to show that the combination has hu grown until its combined assets gS ts amount to It Is asserted that the combination combinationS manufactures all of the cigarettes for or export and almost of or th tho smoking tobacco anti and of or cigarettes for domestic sale more moie than of oC the plug pIuS twist and tobacco and almost all alt of the tho snuff and little cigars that are made HAS EXERCISED DURESS It Is declared that the defendants have persistently exercised duress haw hac practised wicked and unfair methods method m thod and used their thell great POW l In oppressive sive she ways Further It Is asserted that they thc hove luwe been actuated a by a a fixed purpose to de dg destroy d stroy competition and to obtain mo monopolies mir Competitors ton have gradually disappeared and tho the combination now nw strongly entrenched unduly restricts the business of those In the trade and anel prevents others from coin entering It 11 Is I declared i Putting aside for the time the effect of oC the Sherman antitrust law under which tho suit was brought It is con contended contended tended that the combination under the tho name ot of the American Tobacco com coni company compan parry pan was Illegal when It Was wars entered into In 1890 1090 because It was contrary to the common law Jaw Contending tot foi the thi right of oC Congress to enact antitrust legislation It Is asserted that the es essential e purpose of or the Sherman law lav Is to prevent Injury not riot merely mere I to ic re reverse verse Tersa a course of conduct The also lays down tho the general proposition that tire the right rI ht freely freel to buy bu sell and transfer prop property property erty crt la Is not a fundamental civil right to tobe tobe tobe be exercised without limitation as in interested interested interested parties partle may ma determine and an he adds the assertion that It is sub subordinate subordinate subordinate ordinate to public policy and tho the law lawfully Ja lawfully w fully fUll will of ot Congress Coming CominS to specific Instances to lo operations of the trust it Is declared that hat substantially all established d job jobbers jobbers bers sers In New England were Induced to throw out Independent products as IS were those of Philadelphia New York Turk anti and many man other specified places placeR It Is 15 asserted that thal Independent Job joh Jobbing jobbing bing bins In New York was destroyed by the organization of the Metropolitan To Tobacco Tobacco Tobacco bacco company which was waR given in an 11 exclusive agency r for or the tho sale of trust tru t goods BUSHWHACKING METHODS It is also asserted that bushwhacking methods were resorted to In the use of oC union labels and the method in this proceeding Is denounced as Iniquitous and one such as Is Inhibited by a civilized conscience Indeed It Is ls declared that the tao record contains much evidence and a vast deal deat d al of OC correspondence concerning opera opere operations lions Ions of oC these bushwhacking companies 3 which disclose amazing depravity and show how with clearness how these sinister L agencies were effectively utilized Advertising methods of oC the trust were referred to as a means of oC Influencing both business and arid public sentiment and It Is III said that not less than 10 were expended in this way in SOS 1906 Tho Tire interprets the complaint as not merely directed to the acquisition and ownership of stocks or orther I Iother other ther property but as against the time com corn companies operations In commerce Competition has bas been persistently destroyed scores of oC contracts have ro ni 0 tired Ired skilled men from crom tho the trade many have ave been forced out and the necessary result of oC the plan long followed has ech to give gle defendants power to ex ox exclude elude ludo others and exercise monopoly It t Is declared He seems Inclined to the view that a receiver should be appointed for fOI the Business of parties to the combination and nd he adds The very vel existence of o certain ilo do 11 Is criminal and anI certainly they cannot annot rightfully complain because re rp retrained restrained strained trained from carrying out the un unlawful lawful awful purpose of or their creation they are nrc re wilfully In positions where every act ct Is a transgression |
