1912–13 Volume 37 No 1–5 - Phi Delta Theta Scroll Archive

448 THE SCROLLThis was the first case in which the courts were called upon towork out a plan of dissolution. The plan finally agreed upon, butalways objected to by Mr. McReynolds, was to divide the combinationinto three big companies, all owned by the same people thatowned the American Tobacco Company, and in the same proportion,with at least the possibility of the control of each by the individualdefendants. The Assistant Attorney-General could not control thecourse of his superior officer, and should he resign his standing incourt would cease. He could only protest, then acquiesce. But inhis conferences with the trust's attorneys his direct, manly speechshowed a remarkable force of character and fidelity to conviction."What we are trying to do," he said, "is to unwind the ball ofyarn you gentlemen have been so busily winding up all these years.""But," they said, "whom can we sell these properties to except themen who built up the business? Who else is there with sufficientcapital to buy them?""That is your problem," replied Mr. McReynolds. "You boughtthem in violation of law. Don't ask me to find you a purchaser.I don't care whom you sell them to, so long as you sell them anddon't sell them to yourselves. If a court orders a horse sold, itdoesn't usually go out and find somebody to buy it." When thelawyers argued that to meet Mr. McReynold's views would bring•confiscation, he answered: "Confiscation? What if it is! Sincewhen has property illegally and criminally acquired come to have anyrights?"Thus it came about that amid all the criticism by independenttobacco men and others, and, through all the denunciation of thedissolution by campaign orators, Mr. McReynolds was clear of allresponsibility for it.In the Reading Company case, decided in favor of the Governmenton December 16, 1912, the Supreme Court held that it wasunlawful for carriers possessing a substantial monopoly of the transportationfacilities from the anthracite coal fields to purchase theproperties of independent coal operators who were projecting acompeting railroad, and to induce the independent operators to entersingly into uniform perpetual agreements for the sale of theiroutput to one or more of such carriers or their subsiduary companies.This was a far-reaching and vital decision. When it was announced,Attorney-General Wickersham sent to Mr. McReynolds a cordialtelegram of congratulation and, made" the first public suggestion ofhim as his possible successor. He also engaged him again as specialassistant to work out certain matters not decided by the court, and toprosecute suits against the Lackawanna Coal Company, and suitsinvolving the acquisition of the New JersSy Central by the Reading,of the Pennsylvania Coal Company and the New Y'ork, Susquehannaand Western Railroad by the Erie, and the formation of coal companiesby other anthracite roads. These and other suits the new At-