The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-07-31
Brothers of Famous W. T.
Blackwell Get Charter.
THE TRUST ENJOlNED
O Sue American Tobacco
Company on the Ground of
Having Forfeited Old State
Charter and Not Having
DOmCsticatcd.
DOIncsticatcd.


The name Of BIackWell's Durham
Tobacco Company has been often ii
the state and Federal Courts.
Yesterday d new charter was grant
ed to BIackwcl's Durham Tobacco
Company, which is the beginning OF
litigation to determine whether that
name belongs t.-.he corporation or
ganizcd under that name in New Jer-
scy. or to the North Carolina Company
of that name.
ON Thursday application was made
to the Secretary Of State for d charter
for BlackWelI's Durham Tobacco Com
pany, of Durham. The incorporators
were two brothers of the late Col. w.
II. Blackwell. of Durham-Mr. j. w.
blackwell and Mr.. c.. r, blackwell
and Major VIM. a. Guthrie and Mr..
w. b. Guthrie. When the application
was made TO Col. Grimes, Secretary Of
State. that careful official, adVertent to
the fact that there was Il factory in
Durham doing business under that
name, made an examination Of the
records Of his office to ascertain Wheth-
er it was still Incorporated in North
Carolina. He found that upon its an
pIication BlackWclIs Durham Tobac-
co Company was dissolved as Il North
Carolina corporation in May, 1901,
and that the New Jersey corporation
OF that name had not been dOmeSti-
Gated according to law in the State of
North Carolina. He found that the
Company had filed two reports in his
oGice-one in 1903 and one in 1904
giving the names Of the officers, etc.
but that the requirements of the law
for dOmcSticatiOn had never been COM
piled with. After the investigation he
came to the conclusion that the NJ
pliCatiOn of the BlackWelfS and Guth-
rieS ought to be granted, but mas
much as it might present a new legal
question or be followed by litigation,
Col. Grimes decided not to issue til :
charter until he couId confer with
the Attorney General. Mr.. Gilmer
was not in Raleigh and therefore, Col.
Grimes addressed him q letter setting
forth the facts above detailed and ask
ing him to advise the Secretary of
State as to his duty in the premises.
Attorney Genera Gilmcr made inves-
tigation and advised COT. Grimes that
the application VAS in legal form and
that he could legally issue the charter.
Therefore, yesterday, the charter was
granted to BlackWcllS Durham TObac-
co Company. which met yesterday in
Durham, organized under the charter
by electing Mr.. George r.. Blackwell
President of the Company, II insti-
tuted proceedings in Durham Supe-
riOr Court for Il perpetual Injunction
t1IpoIllIlIS - bulI IAN IL
bacco Company. of New Jersey, from
doing business IL North Carolina.
This suit is brought upon the new
charter granted yesterday by h Sec
rotary of state to the BlackWeII'S Dur
ham Tobacco Company. 1t is the only
cooperation by that name chartered
by or dOmcsticated in North Carolina.
1t will be remembered that in the year
1900 or 1901, Major VIM. A. Guthrie,
the owner of one share of stock in
BlackWelIs Durham Tobacco Compa-
ny. asked for Il State receiVcrShip fOr
that company. which had been pur-
chased by the American TobaccO Com
pany. The American Tobacco Com
pany rushed at Once-Of COurSe-intO
the Fedora Court. Judge SimOnton-
of cOurSC-tOOk the case out of the
state courts. appointed one Hill, Can
American Tobacco Company MANI as
receiver of the Company, and its prop
erty was sold at auction. There was
only one bid and the property was
sold to Mr.. Junius Parker, assistant
general OunSe of the American To
baCCo Company. Judge SimOnton cE-
Joined Major Guthrie from petitioning
the Legislature to repeal the charter OF
BlaCkWelIS Durham Tobacco Com
pany in the proceeding. After Judge
S~imOntOn'S receiver sold the property
to Mr.. Parker the North Carolina cor
pOratiOn known as B1ackWellS Dur
ham Tobacco co. was dissolved and
SimOntOn's receiver sold the property
he had purchased from Judge Simon
tons receiver to BlackWcll's Durham
Tobacco Company, which had been or
BANKED under the laws of New Jersey,
and it is under that charter that the
business is conducted,
The incorporators of Blackwelrs
Durham Tobacco Company chartered
yesterday opO to begin the bust
ness of manufacturing BlackwelIs
Durham Smoking Tobacco as soon as
the matter is determined and their
right to the name is established. OF
course their right will be resisted by
the American Tobacco Company and
there is a stiff fight ahead.
The Complaint Filed.
hi complaint filed by the new
sets forth their intentions
and in full is as follows:
North Carolina-Durham County:
In the Superior Court.
August Term, 1906.
BlackWeliS Durham Tobacco COmpa-
ny, VS.. The American Tobacco Com
pany. RlackWelTs Durham Tobacco
Company Can alleged corporation OF
New Jersey), G. W. Toms, w. W
Flowers and D. w. Andrews.
The plaintiff complains and alleges.
J.. That the plaintiff. BlackwelIs
Durham Tobacco Company. is a cor
poration duly created. organized anG
existing under and by virtue of the
laws OF the State of North Carolina
Continued on Page Eighteen.)
with its principal office at Durham
in the county of Durham, State Ol
North Carolina. and was so chartered
and organized for the purpos of buy
ing, manufacturing and selling to-
bacCo iii its various forms. including
smoking tobacco, at Durham, within
the county of Durham. in said Stat
of North Carolina.
,. That the defendant, the American
Tobacco Company, is q corporation
created. organized and existing unde,
the laws of the State of New Jersey
and is engaged in the business of buy
ing, manufacturing and selling to
bacco in various forms, including
smoking tobacco and cigarettes.
8. That the defendant, Blackwell
Durham b Company, (of tn
State Of New JerseYl, claims to b.
Il corporation created and organize,