The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-02
News and Observer.
WINSTON. IN. O.. Oc


WINSTON, N. O., Oct. I.
The suit of the American Tobacco
Company and the Bonsack Machine
Company against W. f. Smith & Sons
and other cigarette manufacturers of
Winston was decided to day by Judge
SImOntOn, of the United States District
court, before whom the case was tried at
Asheville in July, In the decision filed
to-day Judge Simonton dismissed the case
and attached the costs, which it is esti-
mated will be no less tnan $500, against
the Tobacco Trust and BOusack Machine
people.
The suit was originally brought by the
American and Bonsack Companies
Smith and Son and Liberty Tobacco
Works, of Winston, and James A. Leach,
of Thomasville, and J. A. Vance, of
Salem.
The Trust asked for an Injunction
against the four first named frms from
using the Briggs Cigarette Machine,
owned and manufactured by the Win
ston Cigarette Machine Company, of this
city, and against J. A. Vance, machin-
ist, from making them.
The trial is regarded here as the most
important one of the kind that has ever
come up in North Carolina and Win
ston people generally are rejoicing with
the men who have won such a great vic
tory. Tobacconists are free to say that
the decision is heavy stab at the trust,
and that the courts are realizing the evil
they (the trusD are doing.
-, ~ Al -,
New York, Winston, Danville and Hen
derson. Counsel for complainants were
Dun IL Page, W. W. Fuller, NJ B Phil
lips, of New York. For defendants
Glenn & Manly, Walser S Buxton, of
Winston, Baldwin, Davidson and White,
of Washington and New York.
W. O. Briggs, inventor of the Briggs
cigarette machine, over which the hard
fight has been made, has invented an
other machine, which he says ia equal if
not better than his first patent.
This Decision Governs All thc Cases.
Special to the News and Observer.
AsHEvILLE, N. O., Oct. /.
Judge Simonton handed down his opin.
ion in the case of the Bonsack Machine
Company and American Tobacco Com
pary against W. T. Smith & Co. The argu-
ment in the case was heard by him here
in July. The complainants alleged that
the Briggs Cigarette Machine, invented
by Winston man, is an infringement
on the Bonsack machine, the exclusive
right to use which belongs to the Ameri-
can Tobacco Company, and sought per-
petual Injunction against the use Of the
Briggs machine.
The parties to the defence were ". F.
Smith & Co., Brown Brothers Company,
Winston Cigarette Machine Company,
Liberty Tobacco Works and J. A. Vance,
all of Winston, and J. a. Leach & Co,
Thomasgille. 1t was stipulated that the
result in one case should govern all.
Judge Simonton decides that the Briggs
machine is not an infringement, and
orders that bill to be dismissed with
costs.
Cigarette War Growing Lively.
ROCHESTER, N. Y, Oct. /. The war
between the American Tobacco Company
upon one side and the National Cigarette
and Tobacco Company on the other has
reached Rochester, and the price Of
cigarettes to-day took . great drop in
consequence. Cigarettes that have been
selling for some years at the rate OF ten
for five cents to the consumer were sold
in most of the leading tobacco stores to-
day at twenty for five cents, and it is
understood 1t Is the same ali ever the
State.