Evening journal., 1907-12-03
DUPONTS DENY
TRADE RESTRAINT
Contend That Their Bu mess
is Not Unlawful Because
1t is Large
SENATOR DUPONT ALSO
MAKES A DISCLAIMER

There are thirty-three in number,
many of them being on behalf Of in
dividuals and smaller corporations, |
and among others that of Senator III.
A. dupont. but the main answer is
that Of E. I. dupont de Nemours and
Company Company, r. l. DUPONT de
Nemours Powder Company, Thomas
Coleman dupont. the president and
Pierre S. DUPONT. the treasurer Of the
company.
AS was predicted in THE EVEN
ING JOURNAL yesterday the answers
deny any conspiracy IN restraint of
trade. or any unfair combinations OF
agreements. The theory of the
answers seems to be a claim that a
business which was a pioneer in the
country, and has been growing fer
over century, is not unlawful because
it is large, and 1t was right to make
purchases of other properties when
they considered them good invest
ments.
Senator duPont's Denial.
The utmost interest attaches to the
answer OF Senator Henry A. DUPONT
which states that his chief business
has been in railroads, that he has
never been actively engaged in the
powder business. and that he. with
other members of the family. sold out
in 1909. The most important section
of Senator duPonts answer reads:
This defendant denies that at any
consented TO or had any knowledge Of
in fierce or ruinous competitive war
I fare or that he employed anyone else
to represent him i'm that behalf. or that
he ever consented to or had any
/ knowledge of any misrepresentation
or contentious on the part Of any cor
! poration as to the facts connected with
! its organization Of existence, os as TO
| how 1t was carrying on it's business,
whether it was an independent COM
pany or otherwise. and he denies all
the allegations Of the petition that he
was in any way whatever a party to
any plan or agreement or conspiracy
or combination TO restrain the trade
and commerce among the several
States and territories Of the United
States in the shipment, manufacture
and sale Of eunpowder or other high
explosives. or to mononolize the same.
/ or that by means of any combination
]
such a way as to destroy competition,
o rillesally deter others from entering
! into the trade Of commerce, or de-
/ prived them of their business, or that
he at any time hinderea. restrained or
monopolized interstate or foreign conf
! merce, or eiSher of them. in the ship
ment and sale of gunpcwder or other
high explosives among the various
States of the Union or with foreign
countries
He denies that he at any time
/ entered into any contract or combina-
tion. either singly or in company with
others. in the form Of trust or other
wise, or conspiracy IN restraint Of
trade and commerce among the sew
eral States and with foreign countries
in the shipment, manufacture or sale
Of gunpowder or other high ex-
N p.osives."
Eminent Array of Counsel
An array of able legal counsel will
lappear for the defendant corporations
land officials William S. Hilles, Of
this city. filed the answers. and assoc
ciated with him as counsel will be for
mer United States Senator John c.
lSpooner, of Wisconsin,; James NJ.
Townsend and William H. Button, Of
New York. and George S. Graham, Of
philadelphia, former district attorney
there.
The main answer. that of the E. 1.
dupont de Nemours & Co, and il con-
tains a general statement Of the his
tory Of the manufacture Of powder ia
the United States, showing that the
firm of DUPONT began the business in
1903, when they were the pioneer
manufacturers OF powder in the coun-
try. and therefore had the trade, which
condition continued for a great many
years. The firm did business until
1899. when it was turned into a corpo-
ration, which continued the business
until 1892. when Eugene DUPONT, who
had been for many years the sole man
ager Of the business, and was con-
versant with all Of its details as no
one else was, died, leaving no member
of the family then in the powder busl-
ness who deemed himself competent
to take charge Of 1t and successfully
Iconduct it
1t was then resolved to sci out, and
lin 1902 it was sold to two younger
members of the DUPONT family, who
Hdu llol uuAli ANciN AAiAit bC'n Nnba6NA
in the explosive business and who have
towned a majority of the stock of the
principal corporation since that date
They state they have no knowledge Of
lanything occurring prior to 1902. The
purchasers adopted the DUPONT name,
because of the goodwill which it car
ried with it. and also TO perpetuate the
name of dupont, which had been con-
nected with the business for over one
hundred years. and they have made
large additions to the property by pur-
chase for which cash was paid in most
instances
mo Restraint Of Trade
4 Most OF the property Is operated by
lE. /. dupont de Nemours Powder Com
lpany and the mercantile part of the
business is entirely carried on by that
lcompany in its name. The answers
ldeny absolutely that the defendants
lever entered into any contracts in re-
lstraint of trade or commerce that were
invalid or assailable in the courts or
THAT they unfairly competed with
lothers for the purpose Of breaking
them down and securing supremacy,
land deny the existence Of any contract
or conspiracy for the purpose Of re-
lstraining interstate commerce, and
TASK a dismissal Of the suit.
The answers OF some OF the subsid-
liary corporations which are no longer
g.. /, otf.ro l,,,ofracc racffa their qQnppo-