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

representing and acting for the Union
Tobacco Company, which said Union 10
| bacco Company was then chartered anu
| organized to be a competitor and rival
| to the American Tobacco Company. ana
| shortly thereafter the Union Tobacco
| Company sold out for a greatly increased
| price, to-wit: about $4,000, 600. TO the
| American Tobacco Company their hold
ings Of stock in said Blackwells DIR
ham Tobacco Company. And this de-
PENDANT further says that if the complain
| ants and the American Tobacco Compan
holding stock in Blackwells Durham To-
bacco Company, are unable to acquire a
| clear and indefeasible title to the cor
| porate property Of the company, they are
lot entitled to sympathy from anybody,
and more particularly ought not to be al
lowed to come into your Honorable court
sitting in equity and obtain the relief
asked for, or any other relief. even II
the court had full and unquestioned juris-
diction of the subject matter of this suit.
and had the power TO grant the relief ask-
ed for, because:
First. This defendant is advised that
the American Tobacco Company had no
legal right under the provisions OF its
charter to buy the said stock in Black
wells Durham Company, now held by the
compliments.
Second. This defendant says, on in
formation and belief, that said stock in
BlnckwelIs Durham Tobacco Company
was bought from said Union Tobacco
Company with the unlawful intent and
purpose on the part of the American To-
bacco Company and the complainants, It's
officers and employees, Of acquiring the
absolute control and management Of the
entire plant, property and business OF
said Blackwell's Durham Tobacco Com
pany, and thereby created an unlawful
monopoly and fostered an unlawful trust
and combination in the manufacture ana
sale of smoking tobacco and the holdings
Of stock by the compliments in the Black
we'll Company, for the use and benefit or
the American Tobacco Company and the
bringing Of this suit, IS a part and
parcel of an unlawful scheme, plan and
subterfuge by which the American Tobac-
co Company seeks, with unlawful purpose.
to acquire the title Of all the property
and assets of the Blackwell Company, the
discontinuance of the manufacture OF to-
bacco by said Blackwell's Durham To-
hacco Company under it's own corporate
name. the dissolution of the corporation,
and the destroying of all the stock OF
the minority stockholders who are not IN
sympathy with said unlawful scheme and
plan; and this defendant humbly submits
t that your Honorable court ought not to
aid the complainants and the American
5 Tobacco Company to carry into effect such
unlawful scheme and plan; and this de-
PENDANT further says, he himself, is not
) now and never was a stakeholder iE the
American Tobacco Company, and believes
chat it is nowhere provided or contem-
plated in the charter of Blackwells Dur
ham Tobacco Company that it should be
t consolidated, or combined with. or alb
S sorbed by any other corporation, and
that a majority of the stockholders III
i Blackwelrs Durham Tobacco Company
should sell out all its property and busl'
o ness without the unanimous consent o.
t all it's stockholders, and he is further ad.
t vised and believes such a sale, it at
tempted, would be ultra wires and a VIC
lation of the rights of the minority
stockholders, and such sale could be sue
S cessfully contested and set aside if made
q by q majority only.
= Third. This defendant says, upon in
. formation and belief. that the complain
ants have not come into your Honorable
court and brought this suit with clean
n hands and an honest bona fde purpose
but with the intent to procure, if posi-
BILE, the aid of your Honorable court, witt
unseemly haste, to order a sale of tn
property and assets of B1ackwells Dur
ham Tobacco Company within ninet
IN days from February 2Sth, 1900, before tn
General Assembly of North Carolina shal
70 meet on Tuesday after the second Mon
day in June, 1900, it being the 18th da
of June, 1900, the date fixed by joint reso
luton Of that body for meeting in ad
journed session, and have the opportunit
10 to consider, deliberate upon and deter
"a mine whether said General Assembl
will, OF will not, pass a special act t
se repeal the charter of said Blackwell
Durham Tobacco Company, and provide fO
- a sale under its own authority OF tn
~ property and assets of said corporation b
:. whomsoever it may see fit to appoint fC
9 that purpose, and in whatever manner
40 may direct, so that if said General AS
rt sembly should pass a repeating act at al
the corporate property OF SAID BlacF
wells Durham Tobacco Company wOul
then have been sold and conveyed ava
-. to the American Tobacco Company unde
- a decree of your Honorable court, az
:, the repeating act would then be a va
- thing. And this defendant admits thu
he has declared his purpose to petite
: the General Assembly of North CAROLYN
which right Of petition he is advise
IL he has under the Constitution and Law
of the State of North Carolina, and
the exercise of his constitutional rigl
:. he has given due notice as required /
%, the provisions of the Constitution OF tt
-, State of North Carolina and the Law
nj enacted in pursuance thereof. But tn
defendant has no knowledge as TO VIII;
cd action will be taken by the General a
of sembly upon his petition, but he believ'
cd that the General Assembly Of Il
ne State of North Carolina is composed t
in the most part of intelligent, able al
r, conscientious citizens of the State
re North Carolina, who desire to promo
of the welfare of the State and its Poop
he and the protection OF all private pro
ny erty therein; and this defendant bellev
that a majority of the members of Il
10 present General Assembly, and, as far
zen this defendant knows, a majority OF t
his people of the State Of North Carolina, i
lrt Guiding himself, are opposed to trusts a.
". monnnnlieS and their disastrous effeC