New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-18
THE CIGARETTE TRUST IN COURT.
ARGUMENTS IN THE SUIT TO ENJOIN IT'S
OPERATIONS IN NEw-JERsEY HEARD
At TRENTON

trenton. ". J.. March IL (spcciaD.-The Court Of
Errors and Appeals listened all day 10 arguments
IN the suit OF John r Miller Son. OF Newark. and
inc state against the American Tobacco COM
pany. which the plaintiffs seek enoin from con-
Quoting business on the ground that the company
ls trust. and such Ia public nuisance. The
suit has been in tho courts for several years, and
during tina, time moro than score OF lawyers have
teen engaged In j.. II comes before the Court Of
Errors and Appeals from the Court OF Chancery.
where lcc-Chanccor Reed decided in favor Of
tho company. He held that the companys
methods complained Of would not have been Illegal
If adopted by individuals, and that the rights OF
corporations and individuals in matters Of trade
were identical
The opened yesterday afternoon. and
VIII not he completed until late tomorrow. To-
day Judge McCarter. OF Newark, delivered the In
troducory argument for the plaintiff. and r. Y.
Iindabury began his argument for the company.
In opening his Judge McCarter began by CIV
Ing brief history of the case. and said that the
American Tobacco Company the outcome OF
James y. Dukes desire 10 establish tobacco or
cigarette trust. After it's dangerous rivals had
been driven from the field the company controlled
% rer cent Of the cigarette output OF the United
States. Prior 10 that time the business OF the
various companies had been conducted through
tobbers, but under a arrangement middemen
relied upon for supplying the trade. Re
s:rlcions before In vogue were established ana
spies learn the names or dealers
who violated rules. These were reported. and the
company thereupon refused to supply the offenders
with more goods. Judge McCarter said that the
American Tobacco Company ruled tyranlcaHy, ana
that William r. Butler. its vice-president. per-
sonaly forced Park & Tilford. Of Ncw-fork, to ds-
continue sales OF cigarettes made by the NatiohaI
Tobacco Company. and even 10 Peter HOFFMAN. OF
ST. Louis who had sold more than twenty millions
OF the American Tobacco Companys cigarettes
year, further goods were refused because ne would
not sacrifice mis- personal liberty for business gains
Judge McCarter contended that the defendant
methods no: only made the company pubic null
sance. but that they formed an indctable conspir
acy being contrary public policy and c9nccived
by monopoly TO restrain trade Judge NC s,.or
cXCoDt. Vice ( hanceilOr Rted
that individual could pursue the business he. w
DDS adopted By tho defendant without v2lauhg ,ns
law. lie cited the cornering Of wheat 10y Joseph
Letter as an action ndictabe in New-Jeisey ana
compared Letters clutch on me WnuHi t1 T me- me-
cigarette Industry. New-Jersey' laws Judge NC
Garter assSried would no; permit
offences for which they might be indicted III o'"e'
II was late I'm the afternoon when Mr. Lndabury
began his argument for the company ana ne VII
close tomorrow. IN openlns he saG tnat Ju re,
extent. been visionary. The American Tobacco
COMPANY had been formed principally to
ii were subjected TO by competition. The COMPANY
he aid had not Attempted to t0eTs Sad pot been
affected by the change in the company's policy ana
the job6ers who bad DGe While under the cut
throat methods which formerly preyaied 'h To
sod without Hd6 pr9n n9noyed The De-
PENDANT by placing the market cigarettes IN
and Miller & Son were cut from the list OF agents
Mr. IIndabury said. because they had accepted the
State agency for the goods OF tho opposition COM
Judge McCarter interposed denial of this, last
statement. and the Court then adjourned I'LL to-