Evening journal., 1907-08-07
FILE new PAPERS
IN POWDER SUIT
GOVernmentSubStituteS Chris,
tian Names for Initials in
the Complaint


An amendment was filed by District
Attorney Nields in United states
Court yesterday to the complaint Of
the United States government against
the dupont Powder Companies and
their officials. The principal object Of
the amendment Is to substitute the
Christian names OF The powder COM
panles' officials for the initials, which
only appeared IN original bill When
the government prepared the COM
plant it was unable 10 learn the FIRST
name Of several officials and their
initials were placed in the bill Initials
are not sufficient in law, however, and
the amendment was made.
An additional allegation also IS
made in the amended hill to the ef-
feet thot the DUPONT Company has
transferred a large part of its hold-
lngs TO the big New Jersey corpora
ton since the original petition was
prepared. The allegation is as fol-
lows;
Alleges A Transfer.
"Your petitioner IS informed and be-
lieves and so charges that since the
preparation of this petition, and on or
about the 27th day Of July, a. d.. 1907
the said T.. 1. DUPONT de Nemours
Powder Company COT Delaware)
transferred a large part Of its unsold
finished products and raw materials
and things necessary 20 the operation
of its business in the manufactur
and the shipment and sale OF gum
powder and other high explosives %
the said Il. 1. DUPONT de Nemours
/ Powder Company (of New Jersey and
thereupon the said last named COM
pany become an operating company
/ In addition to being a holding COM
/ pany. Wherefore your petitioner
charges that during the past foul
years and az the time Of the filing Of
this petition the manufacture and the
shipment and safe OF Eunpowder ane
blasting powder among the various
States has been and is being, by th'
| action of the said New Jersey holdins
| company and It's officers and thl
board OF directors as aforesaid, gradu
ally placed under the control Of tn
said e. /. dupont de Nemours Powde
Company (of New Jersey) and the salt
Z. !. DUPONT de Nemours Powde
Company Cof Delaware) and the san
Latin and Rand Powder Company
and that during said time the manu-
facture and the shipment and sale o
dynamite among the various state
has been and is being gradual
placed under control OF the Easter
Dynamite Company: and your peti
toner further charges that at m
time OF the filing of this petition th
said r. l. DUPONT de Nemours Powde
Company (of New Jersey) the said 4
/. dupont de Nemours Powder Com
pany (of Delaware) the successors 3
the said y. I. dupont Company, an
the said Latin and Rand Powd'
Company. the two last named
which are under the control Of IN
said New Jersey Company, as herel
= alleged. have obtained a monopoly
eighty-fve $50 per cent. Of the bus
ness in the manufacture and the shil
ment and sale Of gunpowder an
blasting powder in and among q
J various States and territories OF y
:. United States and the District
I Columbia; and that the said Easter
Dynamite Company. at the time OF Il
filing of this petition has obtained an
Z now enjoys practical monopoly
: the manufacture and the shipmei
! and sale Of dynamite among the var
" Gus States of the United States"
Reason For Amending.
At Washington the following stat
ment was issued.
fn ufrInnlFfInmN
the discovery IN the Recorders Office
\ Wilmington Of papers indicating such
y transfer by one of the three great ope
ating companies 70 the great holdil
q company In the alleged Powder Tru
These papers disappeared but I
amendment was persisted in, becau
II would have the effect OF requri
something to be said in the answe
l. OF the defendants as to this suppos
re transfer,
f. AFTER the amendment and petit
g had been sent TO Delaware for MI
e the papers yesterday reappeared In
ID Recorders office and show that su
transfer was actually made on Jl
10 l27, three days before the petition
h. the case was filed. In the meantii
- the recorder had given his certiiic'
- to the district att t7ey that he h
- no such papers"
- Recorder Of Deeds II. II. Billany
DE- nies the text OF the governmen
statement. Mr.. Billany says that oi
ne July 81 Mr. Nields called at his OF
re and asked II the dupont Company ,
n fled any papers with him. Mr.. Me
D- had been informed from Washingi
so that they had been filed. Mr.. Billa
informed the district attorney that nc
had been filed. Later in the day
Nields returned and stated that he b
been called up by telephone from
., Office Of the attorney-general In Was
| ington and told that the Office !
heard positively that such papers }
been filed Then II was that Mr.. Me
and Mr.. Biliany went over the recol
;. of the Office and found that no 81
I'd papers had been filed. Mr.. Billany
cordingly gave Mr.. Nields certiiic
in TO the effect that the company had Il
I no papers from January 1. to July
n 1907. The next day, August 1, the pa
no ers were sent by the dupont Compa
10 the recorders office to be filed. Tn
a, papers transferred the company's r
~ estate from Delaware 70 New Jeri
W and bore the date of july 27.
VENF7UELA TO