The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-29


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ham Tobacco Company within ninety
days from February 2Sth 1900, before the
General Assembly of North Carolina shall
meet on Tuesday after the second Mon
day in June, 1900, it being the 18th day
of June. 1900 the date fixed by joint reso-
luton of that body for meeting in ad
journed session, and have the opportunity
to consider, deliberate upon and deter
mine whether said General Assembly
Will or will not, pass a special act to
repeal the charter of said BlackwelI'S
Durham Tobacco Company, and provide for
a sale under its own authority of the
property and assets Of said corporation by
whomsoever it may see fit TO appoint for
that purpose, and in whatever manner it
may direct, so that if said General AS
sembly should pass a repeating act at all,
the corporate property of said Black
wells Durham Tobacco Company would
then have been sold and conveyed away
TO the American Tobacco Company under
a decree of your Honorable court, ald
the repeating act would then be vain
thing. And this defendant admits that
he has declared his purpose to petition
the General Assembly of North Carolina,
which right of petition he is advised
he has under the Constitution and laws
of the State of North Carolina, and in
the exercise OF his constitutional right
he has given due notice as required by
the provisions of the Constitution OF the
State of North Carolina and the laws
enacted in pursuance thereof But this
defendant has no knowledge as to what
action will be taken by the General As
sembly upon his petition, but he believes
that the General Assembly of the
State Of North Carolina is composed for
the most part of intelligent able and
conscientious citizens of the State OF
North Carolina, who desire TO promote
the welfare of the State and its people,
and the protection of all private prop
erty therein; and this defendant believes
that majority of the members of the
present General Assembly, and, as far as
this defendant knows, majority of the
people of the State of North Carolina, in
Guiding himself. are opposed to trusts and
monopolies and their disastrous effects
upon the people of the State and business
organizations generally; and this defen-
dant believes that no corporations, great
or small engaged in lawful and legitimate
verse legislation by the present General
Assembly of the State of North CAROLINA
This defendant further says, that it is
laid down in the Constitution Of the State
Of North Carolina which every officer in
said State, as we'll as every voter, is
sworn to support. among the declaration
of rights therein enumerated, and as one
of the fundamental principles upon which
the State Government is founded; that
'Monopolies are contrary to the genius
of a free State, and ought not to be allow
ed" that pursuant to the aforesaid con-
stitutional provision the General Assem-
bly, of the State of North Carolina did, on
the 18th day of March A. D., 1889, pass
an act entitled, IAN Act to prohibit
trusts in the State of North Carolina, and
to provide for the punishment of persons
connected with Them" which act has
never been repealed, and is now part of
the criminal law of the State, and inlo
poses heavy penalties upon persons or
corporations who violate it.
Fourth. This defendant further an
swering. says that the American Tobacco
Company, incorporated under the laws OF
New Jersey, is composed of consolida-
ton, combination and merger of many
corporations, partnerships and individ-
uals that before such consolidation, were
separately engaged in the business of the
manufacture of cigarettes, smoking to-
bacco, plug tobacco and cheroots; that
such consolidation has been for the un-
lawful purpose and object to monopilze
and control the entire manufacture of
cigarettes, smoking tobacco, plug to-
bacco and cheroots, not only in the State
of North Carolina, but throughout the
United States of America, to regulate and
restrict the manufacture and sale there
of, to arbitrarily fix the prices, and to
create, establish and maintain an unlaw-
full monopoly of the manufacture and
sale of cigarettes, smoking tobacco, plug
tobacco and cheroots; and that the COM
plainants j. B. Duke, w. W. Fuller.
George Arents and J. b. Cobb have aided
and assisted, and they and the other
complainants are now aiding and assist
ing in the maintenance and support of
the American Tobacco Company in such
unlawful purpose and combination. That
prior to the organization and incorpora-
ton of the American Tobacco Company,
the Blackwells Durham Company, and the
corporations, individuals and co-partner-
American Tobacco Company, were sever
ally conducting independent and compeu-
tive business as manufacturers and vend-
ers of cigarettes, smoking tobacco, plug
tobacco and cheroots in the several
States of the United States in which they
were located, and selling their manufac-
tured products throughout the other
States and territories of the United States
of America, and some of them in foreign
countries; but by said unlawful combina-
ton the American Tobacco Company mas
become the owner of the property, trade
marks, business and assets of these cor
poratons, and now seeks to become the
owner of the property of Blackwells Dur
ham Tobacco Company, and that the cor
porations, individuals and partnerships
have ceased to exist as going manufacture
ing business concerns, and ceased TO be
competitors in business of each other, and
the entire business of all of them is now
owned. controlled and carried on by the
American Tobacco Company in it's own
name and for its own exclusive benefit
And this defendant further says that the
result and effect of the unlawful COM
bination has been, and is, that since the
organization of the American Tobacco
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