The Washington herald., 1907-12-03
DU POINT IN DENIAL
Reply Goyernmentin in Pow.
der Trust Suit.
NO MONOPOLY IS ATTEMPTED
senator Declares He Disposed of His
Interest in Plant in 1902 and Sew
cred All Connection with Powder
making Corporations PreViOu. to
Taking His Seat in the Senate.

Wilmington. Del, Dec. 2-Senator
Henry a. Du Pont, of Delaware, one OF
the defendants named in the suit recent
instituted by the government against the
Z. l. Du Pont De Nemours Powder Com
pany. and thirty other concerns and in
dividuals throughout the country. for al
legged violation of the Sherman antitrust
law, this afternoon fled his answer in
the United States Circuit Court here.
through his attorneys. Marvel & Marvel.
Of this city.
The answer which was fled coincident
with those Of the other defendants, shows
that Senator Du Pont was never actively
engaged in the manufacture and sale of
powder. and that he did not, therefore, as
ihe government alleges in its petition,
dominate the powder business of the Du
Points. Neither did he exercise any con-
troll over the same.
The answer declares that whatever the
Senator did was incidental to his regU-
lar business. that OF railroad manage
ment. IL Is set forth that whatever in
terest he had in the powder business he
disposed of in 1902. and that he severed
all connection with every powder COM
pany or corporation before he took his
seat in the United States Senate. He
tock the oath of Office in December 1906
Never Active in Management.
The answer is especially interesting in
that Il shows that Senator Du Pont was
never actively engaged in the manufae-
ture or sale Of powder He was in the
regular army from 1856 until 1875. when
he resigned. In 1877 he was elected n di-
rector of the Wilmington and Northern
Railroad Company. and I'm 1873 became it's
general manager and president He held
this dual position until 1899. when he re-
signed as general manager and retired
from active business.
The answer sets forth that from the
time the defendant left the army until
1893 his time was taken up in the man
agement of the above railroad. with
other incidental duties. such as being a
member of the board OF reorganization Of
the Philadelphia and Reading Railroad.
the executor OF his fathers Will: the care
and management Of his own landed
estate, and Of various tracts Of lands be
longing to the Du. Pont Company.
Partner in Sole Charge.
The answer shows that Senator Du
Pont had no interest whatever in the
powder business until 1878. when his
father gave him a small interest in the
firm of +. ]. du -Pont de Nemours &,
Co, which interest was increased on his
fathers death, in 1882 Under the policy
Of the concern the senior partner was
the managing partner and had sole con-
troll Of the business and management of
the affairs of the company.
The answer dwells upon the fact that
the business Of the manufacture and sale
OF powder IS peculiar and different from
that of any other commercial enterprise.
1t is declared that it is necessary TO the
safety OF The public. as well as to the
safety of individuals. that great care
should be exercised.
The answer denies the charges of the
government that the Du Pont companies
engaged IN powder warfares, and had
combinations and conspiracies with others
TO drive out competition or 10 monopo-
lie the trade or TO prevent others from
entering into the trade. Denial Is also
made that combinations or conspiracies
or attempts to monopolize the manufac-
ture and sale of powder were undertaken.
or that efforts were made to restrain or
monopolize trade among the various
States and Territories and foreign coun-
tries.