The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-10-29
COMPLAINT IS FILED
IN SEIZURE CASE S :
Information Setting Forth
Why Government De
1nands Forfeiture
ALL AT INTEREST
CITED TO APPEAR
November 10TH Fixed as the Date
When Cause May Be Shown
Why forfeiture Should Not
BE Decrecd- Believed
to BE Merely Test
[speclal 10 The Times pispatct. I

Especial TO The Times -Dispatch.J
NORFOLK, VA. October 2s.--Judge
L. L. Lewis. United States District At
torney. filed in the United States court
at Norfolk to-day Information and ex-
hibtts In the case OF the recent seizure
by the government OF the S,T5000O
cigarettes. In transit from the Ameri-
can Tobacco Company to the Brltish-
American Tobacco Company, OF Great
Britain. The case is entitled the United
states OF America against It's cases OF
cigarettes. The papers make vol,im.
nous document, the information being
set forth In ten typewritten pages and
the exhibits In forty-four.
Immediately after the fling of the
papers Clerk Bowden issued process In
the usual way to all persons interested
TO appear in court on November 14th
and show cause why forfeiture OF the
cigarettes to the government should
not be decreed. In the meantime tho
seized cigarettes remain In the GUS
tody OF the United States marshal un-
less released on bond.
District Attorney Rcticent.
Judge Lewis. who Is recognized as
Gle of the ablest lawyers In Virginia.
when asked to-day whether II were
the intention CT the government to
immediately follow this case with the
seizure of other trus. goods, would
make no answer to she Question, mere
ly fcmarking that his present duty lay
in the prosecution OF the present case.
II Is the Impression l.ere that the
case is a test orc. thnt IL will be
pushed t. speedy conclusion. doubt
less In the United Stntcs Supreme
Court. and that the government will
institute no o-hcr like proceedings
until this has been done.
The Inform;,tion.
Following is the full text of the
Information filed:
UNITED STATES FOR THE EASTERN
DISTRICT OF VIRGINIA.:
THE UNITED STATES NoF AMERIc..
ONE HUNDRED AND sEvENTY-FIyE
CASES OF CIGARETTES.
Be Il remembered that L. l.. Lewis. at
toincy for the United States of America
.oi the Eastern District OF Virginia. and
whc in this behalf prosecutes for the said
United States. comes In person into court
this the -- day of October. 1907. and
here gives the said court TO understand
and be informed. that on the 18th day Of
october. 1901. on land. at the city of Nor
felix, Va, in the district afore said. and In
the United States customs district OF Nor
folk and Portsmouth. Floyd Hughes. ESD.
United States collector of customs for said
collection distr.Lt did seize >he certain
property hereinunder described, to-wit:
One hundred cases containg 100000
cigarettes. of the value of st,l5o0o.. mum.
bered 1924 to 47c3 inclusive. and shipped
october Is. 1907. in bond from the port OF
Durham. N c. to Singapore. s. s., Via
Durham and Southern Railway Company
nut seaboard Air Line Railway for trans
pcrtation TO the port OF New York. by way
o. Norfolk Va, per steamer OF the Old
Dominion Steamship Company. and shippad
by the British-Amertcan Tobacco Company
Limited). shipper, to Britsh-American TO-
bacco Company. depot. Singapore. s.. s..
900 cigarettes, OF the value of $4,000. nunl-
bered from 4s54 to 1858. inclusive. shipped
October II. 1907. in bond. from the port OF
Petersburg. Va, to London. Eng. via Nor-
folk and Western Railway Company. FOR
transportation to the port OF New York. by
way OF Norfolk. Va. per steamer OF the Old
BY the British American Tobacco Company
uimited). shipper. to Brittsh-American
Tobacco Company. depot, London. Eng. con-
siEnee.
And that he, the said Floyd Hughes, col
iector as aforesaid. did on the 2lst drpy Of
October. 1907. In the said customs district.
tollows:
sixty-hve cases. containing s,s5o,ooo
cigarettes. OF the value OF s2.S97.5o. NUM-
In bond. Southern car No. 1s2,sls. from the
port OF Durham. N. c.. October II, 1907, via
Durham and Southern Railway Company
i
portatton to the port OF New York. by way
Of Norfolk. Va, per steamer Of the Old
4 Dominion Steamship Company. shipped BY
tLimitcd) }. skipper to British American To-.
becco Company. depot, Singapore. s. 81.
sonstgnee
i tor now holds in his custody. within the
Judicial anil collection districts above spec.-
hed. as forfeited to the United States for
Tho causes following, yto-wit:
I For thptASthh said 5rrOnerfy az lsniye1
VAS at the time of the said seizure in the
course Of transpoa:stlon. part OF It from
y New York in the s tate OF New York. and
thence to Singapore. S. ST.. q foreign coul,-
Try, and the residue from Petersburg. iii
he state OF Virginia, to New York; In the
state of New York. and thence Ito London,
Eng. a forcign country. and was owned by
he British Ame erican Tobacco Company
y combinations and pursuant to, conspirar
hes (and being ths subject thereby which
aio contracts, combinations and conspilA-
lies were and arei&in restraint OF trade and
commerce among the several States and
vith foreign nations and are those n,en-
scned and declared to be unlawful by. sec
1880 .s sas stat tuy
protect trade and commerce against unlaw-
hl restraints and Monopoltes.'' Said unlaw:
u. contracts. combinations and conspiraci,s
above described PROPERTY SO seized was
,wped and held and being the subjccS
EeCeoI. were ana are as ifOllOWS: MI
The American Tobacco Company. the Con,
hnental Tobacco Company, the American
Cigar Company and the Consolidated To.
,acco COMPANY, prior to- during and subse,
lpent to the year 1901, We're, and are cor
(. ,crations organized under the laws az tho
rate OF New Jersey. and engagetss sins I'M.
cratate and foreign trade and commerce,
!uying, manufacturing, selling, shipping ana
distributing leaf tobacco grown In thu
United States nd products fabricated there
rom. In and among the several States Of
no Union and in and to foreign countries,
In the year 1900, by proceedings under
american Tobacco Company. the Continental
tobacco Company and the Consolidated To-
lncco Company We're merged into one cor-
Company which then took over the busl-
s ieG and assets. assumed the liabilities and
he contracts, of all three, and under that
y nlsiness aud performed such contracts, and