New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-19
CIGARETTE TRUST CASE.
attacked As AN ILLEGAL FOREIGN CON-
PINATIoN BRINGING SHAME AND
DISGRACE TO NEWJERSEY.

rr,on March Is (Spec!aD.-Argument was
Nod to-day IN tho sui, for an injunction 10 re-
vain tho American Tobacco Company from con-
,'.,,,c business IN New-Jersey on the ground that
I. Is a trust or commune.
n Y lindabury argued that the action should
Lo,o hcen brought in court OF law, and not In
,orcsrv uo held that the Attorney General had
40 r4rh; to sue in the latter court 10 restrain a
-,,,. snve when public safety demanded mmed-
40 notion The American Tobacco Company; he
,s,a was no; monopoly within the legal meaning
- ,he word as tho fms whose business the COM
a,v had embraced had signed no contracts not
70 again begin business rs individuals in compet-
,,or with the company. He held that when ono
oorcer, buys the business Of the other such an
sc,uls,tion violates no law as long rs there is no
contract which Keeps tho various firms interested
ort Of business as individuals in the future. The
conpany's policy OF disbursing It's goods through
m,adlemen OF It's own selection, Mr.. Lndabury ar
eued was entirely legitimate. He held also that
The company was entitled 10 monopoly in the
s,,s Of most OF Its products as they protected
BY trade marks
william ". Fuller. a North Carolinian practis-
ing law IN New-Ycrk. who is said TO be the regular
counsel Of the American Tobacco Company, made
n brief argument He accused the National To-
baeco Company OF masquerading behind Miller G.
son In the suit
Thomas y. McCarter, OF the plaintiffs counsel.
made the closing argument. He said that the COM
pany an unaWful combination. contrary 10 the
laws OF New-York. where the scheme OF its organ
zaton was concocted The Attorney General he
said. had the right TO proceed against the COM
pany by writ Of quo warranto for the forfeiture
Of corporate powers. or 10 proceed in equity upon
information TO enjoin the parties from conducting
such a business and from assuming to use corpO-
rate authority they do not possess, or TO restrain
the excessive use OF their rights. Mr.. MCCarter
said that Nice-C hancellor Reeds stand in the mat
Ter was Unsound, He argued that q private indi-
vidual would not be permitted TO use the methods
O.. the defendant
The American Tobacco Company" said Mr.. Nc
Carter. was the result OF an Illegal conspiracy.
IL conducts no business in New-Jersey; IL is an
enormous stock joOb!rg concern sailing under the
eag and sanction Of a pretended New-Jerscy cor
pOratiOn, and when IL fails II Will not own a dol
lar o. property or assets in this State 10 which u
receiver might resort for Its creditors" He
enormous powerful combinations. the beef steel.
Sarbed.wire sugar. cottonseed oil and whiskey
trusts and said: "All are directly antagonistlc 10
the peace and prosperity OF the country. and ali
have ;ne.r nome in NowJersey'
In closing MIR McCarter said: mo petty rev.
enue which our treasury. already too full may de-
rive from such business can COMPENSATE for the
shame and disgrace which II brings upon the
state II remains with this Court 70 determine
whether II Will confirm the baptism of regouera-
tor which the Court Of Chancery has conferred
upon This enormous monopoly. or whether IL will
place The State In line with the vast procession Of
The other States and judicial tribunals which have,
with such wonderful unanimity condemned trusts
Of this character as illegal and prejudicial TO tina
public welfare"