Evening journal., 1907-07-30

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parties TO the said Fundamental agree
ment.' hereinbefore described. entered
into certain other agreement. in writ
ing. known as the presidents agree
ment IN furtherance Of the combina-
ton and conspiracy herein charged,
and for the express purpose OF more
ofectually eliminating competition be-
tween the various parties thereto in
the trade ard commerce in the ship
ment and sale Of gunpowder and other
high explosives among the several
States and Territories of the United
states and for the purpose of restrain
ing and moDopoiizng said trade and
commerce. as hereinafter more particu-
larly alleged.
THAT in the year 1895 the various
parties TO the said presidents agree
ment,' hereinbefore described AID
others hereinafter more specifically
named, who I'm the meantime had from
time to time become members OF said
presidents agreement and in further
ance Of the combination and conspir-
acy as herein alleged, entered into that
certain otner agreement, in writing
known and described as the pool
agreement Of 1896 the sole object and
purpose Of which was to suppress COM
petition between the parties thereto in
the shipment and sale Of gunpowder
and other high explosives among the
various states and Territories Of the
United States and to restrain and mo-
nopolize such trade, as hereinafter
more specifically alleged.
| The Sixth Period.
THAT during the sixth period Of said
combination and conspiracy and for
the purpose of more effectually per-
feoting the same and in order that the
members thereof might continue TO mo-
nopolize and restrain said trade and
commerce in substantially the same
manner as they had done during the
first. sedpnd, third, fourth and fifth per-
iods. hereinbefore referred 70. certain
OF the individual and corporate defend
ants hereinafter named caused TO be-
organized under the laws Of the States
Of New Jersey and Delaware certain
lcorporatons as stockholding companies
and as instrumentalities to be there
after used in furtherance OF the COM
bination and conspiracy herein de-
scribed, and thereupon from time to
time conveyed, or caused to be convey
ed. to such holding companies in some
Instances a large part Of and in many
cases a majority of the capital stocks
OF corporations engaged1in the manu-
fracture Of gunpowder and other higa
Explosives and shipping and selling the
same among the various states of the
United states, and when the control Of
such corporations WAS acquired by such
lstockholding companies they thereupon
lcaused the same from time to time TO
b. dissolved and the properties thereof
ITO be sold and conveyed to three sub
sidiary companies--that is to say in
1.-THE case Of the dissolution of the cor
lporations manufacturing gunpowder or
blasting powder their properties, both
real and personal, were sold and con-
veyed. or caused 20 be sold and con-
veyed. 10 either the r. I. dupont Conn
pany, the B l. dupont de Nemours
Powder Company. it's successor, or the
Latin & Rand Powder Company while
lin the case Of the dissolution OF a cor
poration manufacturing dynamite its
properties, both real and personal, were
sold and conveyed. or caused to be sold
land conveyed, to the Eastern Dynamite
Company. each Of which three purehas-
ing companies were subsidiary 70 ano
controlled by such holding companies
Asked For Receiver.
Prayer No. IN the Governments bill
asks for a receivership. 1t is as follows:
"rhst this honorable court further ad
Judge and decree that the. b. l. dupont d
, Nemours Powder Company (of Delaware)
the Iahln & Rand Powder Company, arc
the Eastern Dynamite Company Is each 3
combination In restraint Of interstate
trade and commerce; that each has at
tempted and is attempting TO monopoliz
and IS IN a combination and conspiracy
with other persons and corporations tc
moncp0lize and has monopolizsd tho trade
and cmmerce in the shipment and sale oi
gunpowder and other high explosives
among the several States; that each one
OF said corporations he onjoined and re-
strained from engaging In, carrying on
or conducting slch interstate trade anC
commerce. or. if the court should be OF
the opinion that the public interests will
be better suhserved thereby, that re-
celvers be appointed TO take poss ssslcn o.
all the property assets, business, an'
affairs OF said corporations and each O.
them with fun power 70 administer thu
same and 20 take such course In rogart
thereto as win bring about conditions il
such trade and commerce among the sew
eral states and with foreign nations a
shall be in harmony with law"