Omaha daily bee., 1907-07-31
Petition Mentions Him as Dominant
Influence of Company.
INDUSTRY WHOLLY MoNoPoLIzED
Only Five Per Cent of Powder Produc-
ton Not Under Control.
INJUNCTION OR RECEIVER ASKED
Twenty-six Independent Firms Are
Alleged to He Injured by Opera
tions of the CombIna-
tion.

hled today In the United States court at
Wilmington. DEL a petition against e l.
Dupont de Nemours & Co.. the f. l. Du
Pont de Nemours Powder company (of
New Jersey, and twenty-four other cor
porations and seventeen individuals con-
nected with the twenty-six corporations
which are made defendants in the petition.
The petition relates that all of the defend
ants are engaged in interstate trade and
commerce In gunpowder and other high
explosives and are violating the act of
July g. 1890, commonly known as the Sher-
man antitrust act 1t seeks to prevent and
restrain the unlawful existing agreements,
contracts combinations and conspiracies in
restraint of such trade and commerce, to
prevent and restrain the attempts on the
part OF the defendants to monopolize such
trade and commerce, and to dissolve the
existing monopoles therein
The court is asked to determine whether
public interests would best be subserved by
the appointment OF receivers to take pos
session OF the property OF the alleged trust,
with view to bringing about conditions in
trade and commerce that will be in har-
mony with the law The prayer In this re-
spect is identical with that in the so-called
Tobacco trust petition.
Growth determination,
1t 10 stated in the petition that in 1872 all
except three of the concerns selling high
explosives In the United States organized
with the object OF regulating prices at
which such commodities should be sold and
of driving the other corporations out of
business by unfair competitive methods
This association enjoyed an uninterrupted
operation It Is said, until 1881 when a new
agreement was entered into with the object
OF preventing new manufacturers from en-
gaging in the powder business. In the
meantime the three "would-be" competitors
are declared TO have been compelled to Join
the monopoly. II is shown that there were
succeeding associations IN 1884, in 1891 and
in 1896, each with the same general object
and composed OF the same members and
their successors. The 1906 association con
fibued until 1909, and during the whole
period Of time from 1872 until 1902 the mem
bers of these associations II is asserted
By various unfair business methods, forced
substantially all competitors out of the
powder business, until at the latter date
they controlled SO per cent thereof
The petition recites many of the opera
tions of the so-called Powder trust leading
up to the organization in May, 1903, under
the laws of the state of New Jersey Of the
II. l. Du Pont de Nemours Powder COM
pany. with a capital stock of S50OOO,OOO. as
a holding company for the purpose Of ac-
tion In the United States engaged In man
ufacturing and lealing in high explosives.
Du POnt In Full Control.
This New Jersey holding company. It IL
alleged, did acquire control OF the COM
panies operating in high explosives in the
United States until all OF the business Of
shipping and selling such commodities Of
substantially seventy companies, which
from time TO time since 1872 had been sep
arate competing concerns is now being
carried on by three gigantic operating COM
panies. namely, the Eastern Dynamite COM
pany and e. l. Du Pont de Nemours Powder
company of Delaware. and the Latin &
Rand Powder company.
The defendants. It is alleged, already have
a complete monopoly of the production and
distribution OF smokeless ordnance powder,
in addition to the monopoly of IS per cent
OF the production and distribution OF high
explosives other than smokeless powder
The government asks In It's prayer for re-
lief that these operating companies be en-
Joined and restrained from operating and
engaging IN interstate commerce In the
United States, or that receivers be ap-
pointed to take over their business.
The government asks also that control of
certain capital stocks In other comrauies
by tho various holding companies shall be
adjudged unlawful and void and that the
defendants shall be restrained from car
rying on alleged unfair competition against
twenty-six independent Arms which, at the
time OF the ilng OF the petition. were en-
sagaged in the manufacture, shipment and
sale OF blasting powder and dynamite in
the United States In lawful competition with
the defendants.
WILMINGTON, Del. July sO-subpoenas
in connection with the governments suit
against the so-called Powder trust were
ISSUED soon after the Ming OF the petition.
They are returnable the first Monday in
October. Henry A. Du Pont who is United
states senator, exercises a dominant in
noence over the business OF the powder
company, according to the bill