Opinion of the Court. [146]bacco Company, or the power which it exerted over their affairs by stock ownership. As we shall have occasion hereafter in referring to mat 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; [The De Voe De Voe Snuff Co.: Owns all of stock, 500 shares. Snuff Co. owns all the capital stock, 400 shares of Skinner & Co., snuff.] 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. 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. Dusel, Goodloe & Co.: Owns 510 out 750 shares. Federal Cigar Real Estate Co.: Owns all stock, 6,000 shares. J. J. Goodrum Tobacco Co.: Owns 477 out of 600 shares. Opinion of the Court. [147]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 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. J. & B. Moos: Owns all of common stock, 1,000 shares. Havana Tobacco Co. has a stock interest in the following corporations: He 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 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. Opinion of the Court. [148] 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: [149] "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 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. Opinion of the Court. 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 [150] foreign trade and commerce; and that each has attempted and is attempting to monopolize, is in combination and conspiracy with other persons and corporations to monopolize, and has monopolized part of the trade and commerce among the several States and with foreign nations; and order and decree that each one of them be restrained from engaging in interstate or foreign commerce, or, if the court should be of opinion that the public interests will be better subserved thereby, that receivers be appointed to take possession of all the property, assets, business, and affairs of said defendants and wind up the same, and otherwise take such course in regard thereto as will bring about conditious in trade and commerce among the States and with foreign nations in harmony with law. "6. That the holding of stock by one of the defendant corporations in another under the circumstances shown be declared illegal, and that each of them be enjoined from continuing to hold or own such shares in another and from exercising any right in connection therewith. "7. That defendants, each and all, be enjoined from continuing to carry out the purposes of the above-described contracts, combinations, conspiracies, and attempts to monopolize by the means herein described, or by any other, and be required to desist and withdraw from all connection with the same. "8. That each of the defendants be enjoined from purchasing leaf tobacco or from selling and distributing its manufactured output as a part of interstate and foreign trade and commerce in conjunction or combination with any other defendant, and from taking part or being interested in any agreement of combination intended to destroy competition among them in reference to such purchases or sales. "9. That petitioner have such other, further, and general relief as may be proper." Opinion of the Court. As to the answers, it suffices to say that all the individual [151] and corporate defendants other than the foreign corporations denied the charges of wrong-doing and illegal combination and the corporate defendants in particular in addition averred their right under state charters by virtue of which they existed to own and possess the property which they held and further averred that they were engaged in manufacturing and that any combination amongst them related only to that subject, and therefore was not within the Anti-Trust Act. The two foreign corporations asserted the validity of their corporate organization and of the assailed agreements, and denied any participation in the alleged wrongful combination. After the taking of much testimony before a special examiner, the case was heard before a court consisting of four judges, constituted under the expediting act of February 11, 1903. In deciding the case in favor of the Government each of the four judges delivered an opinion (164 Fed. Rep. 700). A final decree was entered on December 15, 1908. The petition was dismissed as to the English corporations, three of the subsidiary corporations, the United Cigar Stores Company and all the individual defendants. It was decreed that the defendants other than those against whom the petition was dismissed, had theretofore entered into and were parties to combinations in restraint of trade, etc., in violation of the Anti-Trust Act and said defendants and each of them, their officers, agents, etc., were restrained and enjoined "from directly or indirectly doing any act or thing whatsoever in furtherance of the objects and purposes of said combinations and from continuing as parties thereto." It specifically found that each of the defendants, "The American Tobacco Company, American Snuff Company, American Cigar Com pany, American Stogie Company, and MacAndrews & Forbes Company constitutes and is itself a combination in violation of the said act of Congress." The corporations thus named, their officers, etc., were next restrained [152] and enjoined "from further directly or indirectly engaging in interstate or foreign trade and commerce in leaf tobacco or the prod ucts manufactured therefrom or articles necessary or useful |