The two foreign corporations were impleaded either because of their nature and character and the operation and effect of contracts or agreements with the American To The American Tobacco Co. also has the stock interest indicated in the following defendant corporations: British-American Tobacco Co.-owns 1,200,000 shares of 1,500,000 shares of preferred stock and 2,280,012 shares of 3,720,021 shares of common stock. The Imperial Tobacco Co., &c.-owns 721,457 pounds sterling of 18,000,000 pounds sterling of stock. The John Bollman Co.—of 2,000 shares of stock owns 1,020 shares. F. R. Penn Tobacco Co.-of 1,503 shares of stock owns 1,002 shares (through Blackwell's Durham Tobacco Co.). R. P. Richardson, Jr., & Co., Inc.- -owns 600 out of 1,000 shares of stock and $120,000 of $200,000 issue of bonds. R. J. Reynolds Tobacco Co.-owns 50,000 out of 75,250 shares of stock. Pinkerton Tobacco Co.-owns 775 out of 1,000 shares of stock. Reynolds Tobacco Co. (of Bristol, Tenn.)-owns 1,449 shares out of 2,500 shares. J. W. Carroll Tobacco Co.-owns 2,000 out of 3,000 shares. P. Lorillard Co.-owns 15,813 out of 20,000 shares of preferred and all the common stock (30,000 shares). Kentucky Tobacco Product Co.-owns 14 of 1,900 shares preferred and owns directly 5,264, and, through the American Cigar Co., 355 out of 8,100 shares of common stock. [The Kentucky Tobacco Product Co. owns all the capital stock (100 shares) of the Kentucky Tobacco Extract Co.] Porto Rican-American Tobacco Co.-owns directly 6,578, and, through the American Cigar Co., 6,576 of 19,984 shares of stock. [The Porto Rican-American Tobacco Co. owns 190 of the 380 shares of preferred and 300 of the 450 shares of common stock of Ind. Co. of Porto Rico; also owns 2,150 of the 5,000 shares of capital stock of the Porto Rico Leaf Tobacco Co.] The American Tobacco Company is also interested, as indicated, in the following defendants, supply or machinery companies: Golden Belt Manufacturing Co. (cotton bags)-owns 6,521 of 7,000 shares. Mengel Box Co. (wooden boxes)-British-American Tobacco Co. owns 3,637 of 5,000 shares of stock. [The Mengel Company owns all of the capital stock of the Columbia VOL. CCXXI-10 bacco Company, or the power which it exerted over their affairs by stock ownership. As we shall have occasion hereafter in referring to mat Box Company and of the Tyler Box Company, respectively 1,500 and 250 shares.] Amsterdam Supply Co.-(agency to purchase supplies)-owns majority of stock and controls large part of remainder through subsidiary companies. Thomas Cusack Co.-(bill posting)-owns 1,000 out of 1,500 shares. Manhattan Briar Pipe Co.-owns all of stock, 3,500 shares. International Cigar Machinery Co.-of 100,000 shares owns 33,637 shares directly and 29,902 shares through Am. Cigar Co.-in all 63,539 shares. The American Tobacco Company is also interested in the following companies, not named as defendants: American Machine & Foundry Co.-owns 510 shares directly and remainder (490) through Am. Cigar Co. New Jersey Machine Co.-owns 510 shares directly and remainder (490) through Am. Cigar Co. Standard Tobacco Stemmer Co.-of 17,300 shares owns 16,895 shares. Garson Vending Machine Co.-of 500 shares owns 250 shares. The American Snuff Company in addition to stock, etc., interests in the American Tobacco Co., American Cigar Company, and the Amsterdam Supply Company, has stock interests in the following defendants: H. Bolander-owns all of stock, 1,350 shares; De Voe Snuff Co.-owns all of stock, 500 shares. [The De Voe Standard Snuff Co.-owns all of stock, 2,816 shares. The American Cigar Co. in addition to stock interests in the Amsterdam Supply Co., American Stogie Co., Porto Rican-American Tobacco Co., Kentucky Tobacco Product Co. and International Cigar Machinery Co., has the stock interest indicated in the following defendants: R. D. Burnett Cigar Co.-owns 77 out of 150 shares; M. Blaskower Co.-owns 1,875 out of 2,500 shares pref. and 1,875 out of 2,500 shares of common. ters beyond dispute to set forth the main facts relied upon by the United States as giving rise to the cause of action alleged against all of the defendants it suffices at this Cuban Land & Leaf Tobacco Co.-owns all of stock, 1,000 shares. [The Cuban Land, &c., Co. owns 1,320 of the 1,890 shares of stock of the Vuelta Abajo S. S. Co.] Cliff Weil Cigar Co.-owns 255 out of 500 shares. J. J. Goodrum Tobacco Co.-owns 477 out of 600 shares. Havana-American Co.-owns all stock, 2,500 shares. Havana Tobacco Co.-owns 700 shares out of 47,038 preferred, 166,800 out of 297,912 common stock, and $3,500,000 of $7,500,000 bonds. Jordan Gibson & Baum Co., Inc.-owns all preferred and common stock, 250 shares each. Louisiana Tobacco Co., Limited-owns 375 out of 500 shares. The J. B. Moos Company-owns all of stock, 2,000 shares. J. & B. Moos-owns all of common stock, 1,000 shares. Porto Rican Leaf Tobacco Co.-owns 2,500 out of 5,000 shares. The Smokers' Paradise Corporation-owns all of common stock (250 shares) and 349 of 500 shares preferred. Havana Tobacco Co. has a stock interest in the following corporations: H. de Cabanis y Carbajal-all of stock, 15,000 shares. Hy. Clay and Bock & Co., Lim.-owns 9,749 out of 16,950 shares preferred and 14,687 out of 15,990 shares common. [The Hy. Clay, &c., Co. is owner of 16,667 shares of the ordinary capital stock of the Havana Cigar & Tobacco Factories, Limited; and also owns 64 shares of the 1,890 shares of the capital stock of the Vuelta Abajo S. S. Co.] Cuban Tobacco Co.-owns all of stock, 50 shares. Havana Commercial Co.-owns 55,562 out of 60,000 shares preferred and 124,718 out of 125,000 shares common. [The Havana Commercial Co. owns all of the capital stock-100 shares -of the M. Valle y Co.-cigars.] Havana Cigar & Tobacco Factories, Lim.-owns 6,774 out of 25,000 shares ordinary stock. J. S. Murias y Co.-owns all of stock-7,500 shares. Blackwell's Durham Tobacco Co.-in addition to a stock interest in the moment to say that the bill averred the origin and nature of the American Tobacco Company and the origin and nature of all the other defendant corporations, whether accessory or subsidiary, and the connection of the individual defendants with such corporations. In effect the bill charged that the individual defendants and the defendant corporations were engaged in a conspiracy in restraint of interstate and foreign trade in tobacco and the products of tobacco and constituted a combination in restraint of such trade in violation of the first section of the act, and also were attempting to monopolize and were actually a monopolization of such trade in violation of the second section. In support of these charges general averments were made in the bill as to the wrongful purpose and intent with which acts were committed which it was alleged brought about the alleged wrongful result. The prayer of the bill was as follows: "Wherefore petitioner prays: Amsterdam Supply Co., has the stock interest, indicated, in the following defendant corporations: F. P. Penn Tobacco Co.-owns 1,002 out of 1,503 shares. Scotten-Dillon Co.-owns $10,000 out of $500,000 of stock. Wells-Whitehead Tobacco Co.-owns all of stock, 1,500 shares. Conley Foil Company-owns all of the capital stock (3,000 shares) of the Johnson Tin Foil and Metal Co. P. Lorillard Company-has a stock interest in the American Snuff Company and the Amsterdam Supply Co. R. J. Reynolds Tobacco Co.-in addition to a stock interest in the Amsterdam Supply Company and the MacAndrews & Forbes Company, owns two-thirds of the 5,000 shares of stock of the Liipfert Scales Co. The British-American Tobacco Co.-in addition to a small interest in the Amsterdam Supply Company, has the following stock interest in certain defendants: David Dunlop-plug-owns 3,000 of 4,500 shares. W. S. Mathews & Sons-smoking-owns 3,637 out of 5,000 shares of stock. T. C. Williams Company-plug-owns all of stock, 4,000 shares. 221 U. S. Opinion of the Court. "1. That the contracts, combinations, and conspiracies in restraint of trade and commerce among the States and with foreign nations, together with the attempts to monopolize and the monopolies of the same hereinbefore described be declared illegal and in violation of the act of Congress passed July 2, 1890, and subsequent acts, and that they be prevented and restrained by proper orders of the court. "2. That the agreements, contracts, combinations, and conspiracies entered into by the defendants on or about September 27, 1902, and thereafter, and evidenced among other things by the two written agreements of that date, Exhibits 1 and 2 hereto, be declared illegal, and that injunctions issue restraining and prohibiting defendants from doing anything in pursuance of or in furtherance of the same within the jurisdiction of the United States. "3. That the Imperial Tobacco Company, its officers, agents, and servants be enjoined from engaging in interstate or foreign trade and commerce within the jurisdiction of the United States until it shall cease to observe or act in pursuance of said agreements, contracts, combinations, and conspiracies entered into by it and other defendants on or about September 27, 1902, and thereafter, and evidenced among other things by the contracts of that date, Exhibits 1 and 2 hereto. "4. That the British-American Tobacco Company be adjudged an unlawful instrumentality created solely for carrying into effect the objects and purposes of said contract, combination, and conspiracy entered into on or about September 27, 1902, and thereafter, and that it be enjoined from engaging in interstate or foreign trade and commerce within the jurisdiction of the United States. "5. That the court adjudge the American Tobacco Company, the American Snuff Company, the American Cigar Company, the American Stogie Company, the MacAndrews & Forbes Company, and the Conley Foil Company is each a combination in restraint of interstate and |