Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-09
HARD BLOW FOR
TOBACCO TRUST.
American Combine win Have to
Disgorge s11,0oO,O00 to
Englishmen.
HOW BATTLE WAS FOUGHT.
Story of One OF the Greatest Legal
Contests on Record by Man
Who Waged IL.
speclal Correspondence.

Special Correspondence.
I ONION, Dec. 7,--Amcrican trusts
of every description have Just re-
La celved a severe blow in England,
The decision given In the court of APP
neal in the litigation brought against
Oeden's Limited, the great tobacco
firm. b. retail tobacconists, will have
far reaching influence on every Ameri-
can INDUSTRY which attempts to estaD-
fish monopoly in England
Retail tobacconists are Jubilating over
their really great victory They Will be
ahle to compel the trust started in
England by Mr.. Duke to dsgorge the
host part Of $7,5OOOOO and besides this
the trust will have to pay an additional
a. 5C00OO-makng the colossal total OF
1900, 600.
The legal fight has been one of the
most gigantic battles Of the law courts.
though the proceedings have as yet at
tracted little public attention. The next
stem in this litigation, however-when
the assessing Of damages goes before
British jury-wll undoubtedly be the
one topic of conversation among smok-
ers all over the world.
WON HANDS DOWN"
The man who has conducted the light
on behalf of the 1850 retail tobaccon'
lists organized to oppose the Duke COM
bine is Henry Jerrold Nathan, chair
man of the Ogdens Bonus association
Seen at his office, 10 Throgmorton ave-
nue.. MIR. Nathan said;
"Our organization--the Ogdens Bonus
associatlon--is the only company ever
formed for the express purpose of litiga-
ton. We have won, hands down, AMI
all the private dealers In England are
rejoicing over our defeating a trust
with s2e5, coo 900 at its back-I mean
the American Tobacco Trust.
when Mr.. Duke came to England
four years ago, as the representative %
the trust, he bought out Ogdens by Of
fering the English tobacco company
81. 000. 900 a year for four years; ami
the whole OF the net profits, and at the
same time, he obtained agreements
from 500 tobacconlsts that they would
not deal with any other concern. When
he had all these agreements, he dis
posed of the good will OF Ogdens which,
Of course carried the signatures OF the
tobacconists, to the Imperial Tobacco
company, for $4,000 O0 He then sent a
check to each of the tobacconists, win
a circular, telling him he was no longer
in business, the check being the propor-
ton Of the 81 ,00O0 600 for the first year.
WHY HE FORMED IT.
"Thls high handed = ceedlng resulted
IN my forming the Ogden's Bonus asso'
citation for the purpose of claiming the
undistributed bonus Gas agreed ny
Duke) of S3500,OOO and also the
four years profits We went to law
over the matter and won. Duke car
RED the matter up on appeal, and eN-
cry Judge confirmed the lower court;
in fact the appeal was oontemptuously
dismissed with costs which are very
heavy. The trust was ordered to pay
not only our claim on the bonus prop
ositon, but the full amount OF the
profits The result Is that 1t has been
decided we are fully entitled to the
balance-s3,500,0 900; and also the best
part of the million ana ne-half ster-
ling-$7 500, 600, as good Will.
AFFECTED AMERICAN BUSINESS.
"'The action of the American Tobac :
co Trust In this matter has affected
the standing of every American bust
ness In England. Up to this time. Eng
lish business men have regarded the
trusts as straightforward business en-
terprises, seeking fields of legitimate
exploitation. The deliberate attempt