Birmingham age-herald., 1895-09-21
The U. s. Govt Reports show Royal Baking Powder superIor to aX others
INJURED INNOCENCE
Was Never Better Travested Than in the Re-
 hinder of the Tobacco Trust.

oinder of the Tobacco Trust
 Syracuse, N. Y, Sept. 2O.-The case or C. A. Uhlan & Co., against the American Tobacco company was begun in this city today before Attorney-General Han cock. Charles O. Shoate, Ralph oakley and Col W. w. Fuller appeared for the tobacco company and B. F. Einstein' E. N. Wilson and M. s. Guntermann repre- sented the local fighters for the open market.
 In the opening argument MT. wilson told of the combine of the big topacco manufacturers He said their met thod was to fix price for cigarettes. MT. Hancock asked if there was any re straint on buying from other dealers. lie was told that there was, and that the mo ment other dealers were patoniZeu the agent of the company walked In ana smut off supplies of the company's cigarettes.
 Colonel Fuller answered the petition for the tobacco companies. He claimed that the price of cigarettes since the 1or- nation of the American Tobacco com pany had been lowered to dealers, ana not any more, and in some cases lower to consumers. The American Tobacco company was not a charitable organiZa-' tion, but a business concern and he de- nied it being a trust Outside or the nVe who went into the Company but one com pany had ever become part or IT, lie admitted that II ndu puIChooeu val ioNS tobacco businesses, but not cigarette fac tories.
 Denials to the petition followed in rap i'd order and 1t was asserted that the company manufactured 30000,O0O pounds of tobacco to 100000 pounds manutac- tured into cigarettes. The authorized capital of the company is $35,00O,OOO. but only about $29, 900, GOO has been issued. It had sold to jobbers direct and not by con signments, and also through agencies. Dea lers in paper cigarettes were not re- ouired to enter into contract, but did so of their own free will. The company ad- mitted having refused to sell cigarettes to certain conSignees, but denied that It was to prevent competition; 1t was De, cause the goods had been used to sell other goods.
 The American Tobacco company denied that 1t was conducting an illegal business and insisted that 1t was now dolng ie- gitimate business. Resolutions py to- ba eco dealers in various cities were reau. These favored the consignment system of the tobacco company and were passed because the newspapers attacked the cornpany. MT. Fuller answered MT. Will son that all the signers were agents ana employes of the company. Resolutlons from New York, Albany. syracuse Rochester. Troy, Buffalo, Batavia. Bing-- ha,npton. Dunkirk, Utica, Lockport and Oswego were presented
 eColonel Fuller made short argument to the point that If the oincers m the company had gone wrong 10 lhuict .neHl. h,,t he could not raise an injunction against the company. The tobacco com nany was ready to stand by it's agree ment.
 Then came Joseph H. Choate. He ar gned for the method of business of the company. and said he was upheld by re- pea ted decisions of the court of appeals of this state The attOrney-generai did not sit there as an apostle of socialism or the friend of sore headed rivals in trade. Then he contrasted the parties. The National Tobacco company was the real mover in the matter. It was not C A Whelan & Go. The petition was made by George Whelan, paid employe of the National Tobacco company. the most formidable rival of the American Tobacco company.
 When the arguments were concluded it was agreed to put in briefs inside of thirty days after decision by the peti- tioner as to what evidence he desired to mn n