The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-21
TOBACCO MEN FIGHTING
THE CASE OF e. 4. WHELfN 90. ~.
AMERICAN TOBICCO go. BEGUN.
The Argument Before Acknowledgement
Hancock and Replies OF the Company
ys-Opposition to Begin soon'

SYRACUSE. n. Y. Sept. 2o.-The case
Of A. Whelan & Co., against the Amer
lean Tobacco Company, was begun III
this city to-day before Attorney-General
Hancock. Joseph II. choate, Ralph
oakley. and Colonel W. ". Fuller appear
for the Tabacco Company and +. +. En-
stein. r. y. Wilson, and VI. ;. Ginter-
mann. represent the local fighters Of the
Company.
In the opening argument. Mr.. Wilson
told Of the combination Of the big Gig
arctic manufacturers. He said the meth
cd was to fix list price for cigaretts.
The wholesaler could obtain no advant-
age in selling their cigarettes. II he
handled cigarettes to their satisfacA on,
then the wholesaler at the end Of a GER
tain period was given 81 cents thou
sand but II he sold 20 one who was
blackiisted. or did anything that was
Objectionable, he did not get any commits
sion.
Mr.. Hancock asked if there was any
restraint on buying from other dealers
He was told that there was and that
the moment other dealers were patro-
nized the agent of the Company walked
in and shut on the supplies of the COM
pany's cigarettes.
Colonel Fuller answered the petition
for the Tobacco Company. He claimed
that the prices Of cigarettes since the
formation Of the American Tobacco
Company. had been lower TO dealers and
not any more and I'm some cases lower to
American TnhnRqn
Company was not a charitable organiza-
ton, but a business concern, and it de-
MED being "A trust. outside of the i've
who first went into the Company. but
one other Company had ever become a
part Of II. It admitted that il had pur-
chased various tobacco businesses, but
not cigarette factories.
DENIAL, OF TIE PETITIONS.
Denials to the petitions followed in rap
ia order am 1t was asserted that the
company manufactured 100000 pounds
Of tobacco 20 ieo.0o9 pounds manUfa tur-
al into cirarcttes. The authorized cap
ital is $35,eoo"p. but only about $4,000 900
has been issued.
II has sold 20 jobbcrs direct and not
&c cOnsignments.
Dealers in paper cigarettes were not
required % enter into the contract, but
did so Of their own free will. The COM
pany admitted having refused 20 sell
cigarettes 10 certain cOnsignecs. but de-
MED that 80 was 20 prevent competition.
IL was because the goods Lad been used
10 sell other goods
The American Tobacco Company de-
MED thar &c was conducting an Illegal
or oppressive business md insisted that
II was long legitimate business.
RESOLUTIONS adopted by tobacco dealers
- various centres We're read These IA
Yorcd the consignment system of tho to-
bacco company, and We're passed because
the newspapers attacked the company.
Mr. Fuller ans yered Mr. Wilson that all
the signers were agents and employees Of
the company Resolutions from New
York, Al31ny, Syracuse. Rochester. Troy,
Eufalo Batavia. B.nghamton. Dunkirk,
Utica. LocSp0rt. ana Oswcgo. were pre-
scented
Colonel Fuller made a short argument,
and came 10 the point that If the officers
IN the company had lone wrong indct
IN mn, but bee could not raise an iniunc-
ton Against the company.
The tobacco company was ready 10
stand hy it's agreement
Then came joseph II. Choate. He ar
gued for the method of business OF the
company and sai1 he was aphell by
repeated resolutions Of the Court OF APP
peals of this State The Attorney-General
dii not sit mere asan apostle or Socialist
for the friends of soreheaaei rivals In
trade.
g''ien he contrasted the parties. The
National Tobacco Company was the real
move in the matter. II WAS not 9. A.
Whelan * c.. The petition was made by
National Tobacco Company, the most for
Company.
When the arguments were concluded it
was agreed tO put i'm briefs inside Of thir-
ty days. after decision by the petitioner
as 10 what evidence he desired 20 put
In