The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-03
TUESDAY. SEPTEMBER 8. 1895.
THE NEW YORK MOVE AGAlNsTrHE
AMERICAN TOBACCO COMPANY.

THE NEW YORK MOVE AGAINsTTHE
AMERICAN TOBACCO COMPANY.
Many citizens of Richmond are inter
ested in the American Tobacco Com
panv. and we feel sure that these viii
thank us for an intelligent statement OF
what the proceedings that have been
commenced In the State Of New YORK
against that company amount to. Inc
petition states the action is brought Tor
the purpose of prohibiting the company
from carrying on within the state OF Ne"
York the business of manufacturing or
selling cigarettes. Ii also aims at pro-
hbiting the company from giving effect
TO the agreement under which 1t is
formed. II states that separate
firms to-wit: Allen & Ginter, W. 5
Kimball &, Co.. Goodwin Co. Duke IL
Sons. and the Kinney Tobacco Company,
were. until 1890. independently engaged
in the manufacture Of cigarettes, but
that in 1890 all of them agreed together
20 form a trust for the purpose OF con-
trolling and monopolizing the entire bust
ness of manufacturing and selling paper
cigarettes, and that the combination
rivalry and competition in an otherwise
omen market. and that in pursuance OF
mis- purpose it has acquired many other
establishments. IL then sets out the
method for mono9oizing and controllInS
the business which has been so iie-
ouently stated. by which the company
makes iobbers who handle its goods
agree that they will sell them only al
the pice fixed by the company, and that
they will not handle abe goods OF any
other concern.
This is the sum and substance OF the
case made against the company.
We have not the New York statute
before us under which these proceedings
are instituted but we have no doubt 1t
covers the case as made
The Times is perfectly aware that 1t Is
running counter TO the ideas and preJu-
dhces of the great body Of our people
when il says there is absolutely nothihs
in the case as made here which Is III
consistent with the essential ana heces-
sary principles of all commerce ana that
neither the New York statute nor all
the other statutes that ever have beeh
or ever will be passed Will prevent men
from conducting their business upon Just
those principles which are denounced
here.
These proceedings in this case MAJ call
this enterprise trust" or by any other
npprobious name. but It cannot thereby
change the nature of the business 1t
conducts, and IL cannot make that bust
ness any different in its nature from
any other business that is conducted
conformity by two or more men.
The eravamen of this case that which
is relied on 10 make the enterprise one
prejudicial to common rights the aver
ment that the parties conducting 1t aim
at securing complete control of the busi-
ness of manufacturing aud selling cigar
cites. and that they intend. if they can
do It, to crush out all rivelry ana com
petition in that bushes.
But we say, and we say with absolute
confidence, that there never was
partnership formed for llny business
vet and there never Will be one formed
for any business that did not and VIII
not aim at exactly the same thing.
Every partnership that ever existed
hoped 10 obtain complete control of its
business. and the whole incentive 10
prosperous business would be taken away
If PARTNERSHIPS were Informed before be-
ginning business that when they had
attained to a certain condition OF pros
perity the State would step III and arrest
their further progress. We say. then,
that the agreement which is imputed to
the American Tobacco Company is an
agreement that IS necessarily. implied in
every partnership agreemen, that is
ma lie. and that unless partnerships could
aim at just that thing partnership would
come to an end, and the progress Of the
world would be stopped. We can say,
then, that the American Tobacco Com
pany Is attacked because IL is eminently
prosperous and not because the scheme
OF its organization is in any wise differ
ent from any other partnership or cor
poration. The an.mus OF the whole
movement against wha, is termed mo-
nopoly In business. springs when 1t is
brought 10 its last analysis. from envy.
We do not speak OF the monopoles which
are created by law such as exist under
the protective tariff laws. These are
odious and are created by the whole
power OF the State taking from some
men what is theirs and giving ii to others.
We speak of that sort OF monopoly which
grows out of the energy. thrift, enter
prise, and Intelligence OF a progressive
man or progressive men working to-
gethcr When such n man or such men
is or are buildiag UP "a monopoly. he or
they Is or are creating wealth and add
Ing IL TO the worlds stock and he is
spreading blessings. contentment. and
prosperity all around. He may crowd out
OF the particular business he Is engaged
IN men who have less enterprise and
thrift than himself. but. while he is
forcing them TO seek other avenues i'm
which 10 work. he is reducing the cost
of the article dealt in to the whole wo ia.
furnishing employment to thousands that
the business did not previously support.
and spreading an improved physical con-
clifton over territory that was barren be-
lore. There has been Z vast amount Of