The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-04-03

. RcA RStSoaS ~ 1
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 a consolida-
ton, combination and merger of many
corporations, co-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 ana
restrict the manufacture and sale there
Of, to arbitrarily fix the prices. and 10
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
compliments are now aiding and assist
ing in the maintenance and support OF
the American Tobacco Company in such
unlawful purpose and combination. Tnat
prior to the organization and incorpora-
ton of the American Tobacco Company,
the Blackwells Durham Company, and the
corporations, individuals and co-partner-
ships, now unlawfully combined into the
American Tobacco Company. were sever
ally conducting Independent and competi-
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 has
become the owner of the property, trade
marks, business and assets Of these cor
porations, and now seeks to become the
owner of the property of Blackwells Dur
ham Tobacco Company, and that the cor
pOrations, individuals and cO-partnerSh1pS
have ceased to exist as going manufacture
ing business concerns, and ceased to De
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 its W
name and for its own exclusive beneft.
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
Company, and the consolidation OF the
business of the many corporations; that
prices of leaf tobacco grown, raised and
produced by d large number OF TOBACCO
farmers in the States of North Carolina,
Virginia and other States Of the United
States. nave greatly deprecated, and that
4l:, ,root Iorrociatinn in tho nricpS OF
leaf tobacco has been, and is in a large
measure, if not entirely, attributable to,
and on account of, the unlawful combin-
alton of these corporations and their re-
s%pective manufacturing business, and the
destruction of competition among then
as purchasers of leaf tobacco for manu-
featuring. purposes, thus and thereby en-
failing great pecuniary loss to the tobacco
growers and farmers without any CORE
spending benefit to the consumers OF the
manufactured articles in the reduction O
prices of said manufactured articles
That the American Tobacco COMPANY
was incorporated and organized in Januar!
1890, and it's then immediate uniawfu
purpose and intent was, and the unla"
/. full purpose and intent of the complain
ants, J. B. Duke and George Arents, an
| their associates in the organization o
!, the American Tobacco Company, who's
: names are mentioned in the articles o
= association therein, but who are not com
2 plainants in this suit, was, to unlaWfull
| consolidate, combine and merge the FOL
: lowing named tobacco manufacturing cor
Y porations and copartnerships, tO-Wlt
: w. Duke Sons & Co., of Durham, Mort
: Carolina, Incorporated under the laws G
V North Carolina in the year 1885; ALE
o S<:4a, - D;1r,onJ Ja :" Kim
y ball & Co., of Rochester, New York; Good
o win & CO., and Kenney Tobacco Compan
s of the city of New York, in the State {
+ New York; all and each of whom wer
e and was, at the time of the organizatio
Y Of the American Tobacco Company, en-
r gagged principally in the manufacture an
t sale of paper cigarettes in the said abov
= respective States, and in the sale {
cigarettes in the several States OF tn
: United States, and in foreign countries
d and the said w. Duke Sons & Co., COZ
y poration as aforesaid, was engaged ais
r in the manufacture and sale of tobacco
d and that the said cigarette manufactures
n manufactured and sold about 50 per cen
It of all the paper cigarettes manufacture
n and sold in the several States Of tf
United States, and about 95 per cent.
d the paper cigarettes manufactured in TT
IS United States and sold in foreign cou1
n tries; that the capital stock of tt
1t American Tobacco Company was at II
time of it's organization $25, 600, 900, divit
le ed into preferred and common stock, TT
IS issue OF preferred stock therein represen
is ing the estimated or appraised value
It the actual properties and assets OF sa
5 corporation and co-partnerships, and tt
IS issue CT common stock therein represen
le ing the earning capacity Of such unlawf
Or combination and monopoly; that ii
Id American Tobacco Company took dec
Of and conveyances for all the propert
tie real. personal and mixed, TRADEMARKS
good will and other assets OF the co
D. porations, used and engaged in the ma
IS ufacture of leaf tobacco, and paid ther
le for with the issue of it's own stock; tn
as the conveyance by the corporation OF \
re Duke Sons & Co., recorded in the office
a. the Register of Deeds for Durham cou
i'd ty. North Carolina. as required by 4
is laws of the State of North Carolina,