The Birmingham age-herald., 1907-07-19
SERVED AS PART
 OF TOBACCO TRUST
Local Concern Cited to Answer
 the Charge
BURNETT DENIES IN TOTO
Is Summoned to New York to Answer to Being In Combination In Restraint of Trade.
 The List.

The R. D. Burnett Cigar company of Birmingham was yesterday morning cited to appear before the nited States circuit court of the southern district of New York on the first Monday in September. 1907.
 The serving of these papers gives local touch to the fight which the United States government Is making on the tobacco trust. The charge is for unlawful com blnation of capital in restraint of compo- ttlon in trade, and the local concern is claimed to be part of the American Tohnc- co company.
 United States Marshal Pope Long re- celyed the papers in the case from Special Assistant Attorney Reynolds and they were served on tho company yesterday morning by Deputy Marshal Robert A. Smith.
 R. D. Burnett states that he Is not con nected with the American Tobacco com pany and that that concern has nothing to do with the business here.
 The tobacco trust, 1t Is claimed owns practically all of tho tobacco. snuff. pipe. tinfo cigar box and kindred manufac- turing plants in the country, and is op- eratlng In direct violation of the Sherman antitrust law. Numerous concerns named in the citation are located all over tho United States. In addition to the concerns cited largo number of the most propi- nent tobacco men in the country are also ordered to appear in court.
 Receivers for Each Branch.
 The petition requests that receivers be appointed for each branch of the corpor- alton. It Is claimed that tho trust has spread out, squeezing down on tho small manufacturing plants and forcing them into the combine and besides controlling the manufacture of every tobacco necessl- ty. It Is claimed the trust operates nearly every retail stand In tho country.
 The papers wore sworn out before Mel vile W. Fuller, chief justice of the ITni- ted States, at the borough of Manhattan, In the city of New York, on the 18th day of July, and the trial gives promise of being one of the greatest legal battles ever known. The government has had It's eye on tho tobacco trust and has been working up It's cas for quite a long while.
 The papers served read in part as fol- lows:
 By special order of the court certi- fled copy of which Is herto attached, you are hereby commanded that you person.
 
 cult court of the United States of Amer lea for the southern district of New York, in the second court. in equity, on the first Monday in September, A. D., 1907, wherever the said court shall then be, to answer bill of complaint exhibited against you In the said court by United States of America, and do further and receive what the said court shall have considered in that behalf. And this you are not to omit under the penalty on you of s250.''
 It further states that "The defendants are required to enter appearance In the above cause in the clerks office of ths court on or before the first Monday of September, 1907, or the bill will be taken plO tOHltbbO dSdlHSb liltiia
 List of Concerns Citd.
 Tho names of the men cited are: James B. Duke, Percival s. Hike. George Arents, Paul Brown, Robert B. Dula. George A. Helme, Robert D. Lewis, Thomas J. Ma loney, Oliver H. Payne, Thomas F. Ryan, Robert K. Smith, George w. Watts, George G. Allen John B. Cobb, William R. Harris William II. McCalister, An thony H. Brady Benjamin F. Duke, H. M. Hanna, Herbert D. Kingsbury. Pierre Lor- illard, Rufus L. Patterson. Frank H. Ray, Grant B. Sehley, Charles N. Stratz, Peter A. B. Widener, Milford R. Reed and Williamson w. Fuller
 The names of the concerns cited are:
 The American Tobacco company; British American Tobacco company; Imperial Tobacco Company of Great Britain and Ireland; American Snuff American Cigar company; American Stogie company; Havana To- bacco company; Havana American com pany; P. Lorillard company; R. J. Key holds Tobacco company; Spaulding & Merricy; R. A. Patterson Tobacco com pany; Blackwell's works; Luh rman &1 Wilbern Tobacco company; The John Bollman company; r. F. Adams Tobacco John w. Carroll Tobacco Nail & Williams Tobacco R. P. Richardson, Jr., & Co.; Nashville Tobacco company; Pinkerton Tobacco company; r. R. Penn Tobacco Wells Whitehead Tobacco Lipfert-Scales company; w. s. Mathews & Sons; T. C. Williams com pany; David Dunlop; ". E. Bolonder; Weyman & Brother; The Porto Rican American Tobacco company; United States Cigar company; Kentucky To- bacco Product company; Amsterdam Supply company; McAndrews & Forbes J. s. Young company; The Conley Foil company; The Johnston Tin Foil and Metal company; Golden Belt company; Mengel Box company; Manhattan Briar Pipe com pany; International Cigar Machinery Carson Vending Machine company; Crescent Cigar and Tobacco Florodora Tag company; Tn omas Cusack company; M Blaskower company; R. D. Burnett Cigar company; Cliff Well Cigar company; Corporation J. & B. Moos; The J. & E. Moos com pany; Dusel, Goodlow & Co.,; J. J. Good drum Tobacco company: Jordan, Gibson