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

purpose ana intent was, anu tHt puid :
full purpose and intent of the complain
ants. j. b. Duke and George Arents. and
their associates in the organization of
The American Tobacco Company. whose
names are mentioned in the articles of
association therein. but who are not COM
plainants in this suit. was, to unlawfully
consolidate combine and merge the fol-
lowing named tobacco manufacturing cor
porations and ccpartnerships. towit:
~ Duke Sons & Co.. Of Durham, North
Carolina, incorporated under the laws of
North Carolina in the year 1885: Allen
e. Ginter, of Richmond, Va. W. S. Kim
ball & Co, of Rochester, New York; Good
win & Co., and Kenney Tobacco Company
of the city of New York, in the State OF
New York: all and each of whom were
and was. at the time of the organization
Of the American Tobacco Company, en-
gagged principally in the manufacture and
sale of paper cigarettes in the said above
respective States, and in the sale of
cigarettes in the several States of the
United States, and in foreign countries
and the said W. Duke Sons & Co., cor
poration as aforesaid, was engaged also
in the manufacture and sale of tobacco.
manufactured and sold about % per cent
of all the paper cigarettes manufactured
and sold in the several States of the
United States, and about 50 per cent. of
the paper cigarettes manufactured in the
United States and sold in foreign coun-
tries; that the capital stock of the
American Tobacco Company was at the
time of its organization $25, 900 600, divid-
ed into preferred and common stock, the
issue of preferred stock therein represent
ing the estimated or appraised value OF
the actual properties and assets of said
corporation and partnerships, and the
issue of common stock therein represent
ing the earning capacity of such unlawful
combination and monopoly; that the
American Tobacco Company took deeds
and conveyances for all the property,
real, personal and mixed, trade marks,
coed will and other assets of the cor
porations used and engaged in the man
ufacture of leaf tobacco, and paid there
for with the issue of its own stock; that
the conveyance by the corporation of w.
Duke Sons & Co., recorded in the office of
the Register of Deeds for Durham coun-
ty, North Carolina, required by the
laws of the State of North Carolina, to
the American Tobacco Company and
which deed is dated the 10th day of
March, 1890, recites as the consideration
therefor the sum of $40, and other good
and valuable considerations, which
''other good and valuable considerations
are not set forth in the deed; that sub
sequently the American Tobacco Com
pany and the compliments, determined
to further extend the monopoly of the
American Tobacco Company, as it then
was and existed, in the manufacture OF
paper cigarettes, to the manufacture and
sale of smoking tobacco and plug tobacco,
with the unlawful purpose and intent to
monopolize, manage and control the man
ufacture and sale of smoking tobacco and
plug tobacco in and throughout the sew
eral States, and in this unlawful purpose
and intent the compliments j. p. Duke,
George Arents, w. w. Fuller and j. 3.
Cobb, and the other officers and employees
of the American Tobacco Company, in
creased its capital stock and purchased
and acquired the property, real, personal
and mixed, machinery, trade marks, good
will and all other assets of the following
4 named corporations, individuals and CO.
partnerships engaged in the manufacture
and sale of cigarettes, smoking tobacco
and other forms of manufactured tobacco,
doing business in the several States
and selling their products in the
United States andt in foreign countries,
to- wit G. w. Gail & Axe Co., of Balti-
more, Maryland; F. W. Pelgner Son &
Co., of Baltimore, Md; Marburg Bros, of
Baltimore, Nd. p. Whitlock Company,
of Richmond. Va; Hsrnsheim Cut Tobac-
co Works, of New Orleans, La; D. Scot
ten, of Detroit, Mich; l. J. Bagley, Of
Detroit, Mich; The Spirit Cure Company
of Louisville, Ky. DeHoffer, of Louis
Vile, Ky; Brown Tobacco Co., of ST.
Louis, Mo-; P. j. Sorg Co., of Middletown,
Ohio; p. H. Mayo & Co.. of Richmond
Va; Liggett & Myers. of St. Louis, Mo
Cigarette Company, of New York city, n.
Y; w r. Irby Cigar and Tobacco Co,
of New Orleans. La; August Beck & Co.,
of Chicago, Ills. Cradle & Strotz, of CHI
cago, Ills; Eagle Tobacco Co., of De-
trot. Mich: II. W. Mayer, of Brooklyn
n. Y: Thomas II. Hall. of New York
city; H. Mandelbaum, of New York city
National Tobacco Company of Louisville
Ky; Drummond Tobacco Co., of St
Louis, Mo-: T. Lorillard Co.. of Jersey
City, n. j.; J. G. Butler Tobacco Works
of ST. Louis, Mo-; Consolidated Cigarette
Company, OF New York; r. ]. Reynolds
Of Winston n c., and H. Ellis & Co., of
Baltimore, Nd, and perhaps others.
That sometime in the year 1898, on OF
about December 10th, 1898, the complain
ants and their other associates, man.
ayers. officers and directors of the Amer-
can Tobacco Company, in order to furth-
err secure and aid the unlawful monopoly
in the manufacture and sale of cigarettes
smoking tobacco, cheroots and plug to-
bacco as aforesaid. organized and secured
the incorporation under the laws of the
State of New Jersey of the Continental
Tobacco Company, and transferred and
conveyed to this company all the prop
erty, real, personal and mixed, machin-
cry and trade marks, acquired from the
corporations individuals and co-partner-
ships aforesaid, and used in the manu-
facture of plug tobacco; that the said J.
B. Duke, one of the compliments, was,
and sis the President of the Continental
Tobacco Company, and the managers
officers and directors of the American To-
bacco Company, own and control So per
cent. of the capital stock of the Continen-
tai Tobacco Company in trust for the