Brief for the United States (1914)

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iwnv XVI. 815 the cxislciicc wlicrcot' u;is diir to a roiiiMiiatioii Ix'twccn siirli (•( »m|).iiii('s .iiid other companies was a violation of llic ad, the (piestioii would remain wlietlier such of tlie eoml)anies as did not owe tlieii' existenee and power to combinations, hut wlioso powder alone aros(^ from the exercise (►f the right to vUHjuire and own property, would be amenable to the proliibitions of the act. Yet further: Kven if this proposition was held in the affirmative, the question would remain whether the principal defendant, the American Tobacco Co., \vhen stripped of its stock ownership, would be in and of itself within the prohibitions of the act, although that company was organized and took being before the antitrust act was passed. Still further, the question would yet remain wliether })ai'ticular corporations which, wdien bereft of the pow^r wiiich they possessed as resulting from stock owTiership, although they were not inherently possessed of a sufficient residiuun of power to cause them to be in and of themselves either a restraint of trade or a monopolization or an attempt to monopolize, should nevertheless be restrained because of the intimate connection and association with other corporations found to be within the prohibitions of the act. After having enumerated the questions of law involved in the Tobacco case ]\Ir. Chief Justice White proceeded in the following words to state