The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-30
NOW FOR POWDER TRUST
Government Files 4 Petition in the
United States Circuit Court

Washington, July 3O.-The govern
ment today filed in the United States
circuit court al Wilmington, Della, a
petition against E. 1. Dupont de
Nemours & Co.. the E. L. Dupont de
Nemours Powder company (of New
Jersey, and twenty-four other cor
porations and seventeen individuals
connected with the twenty-six corpora
tions which are made defendants in
the petition.
The petition relates that all of the
defendants are engaged in interstate
trade and commerce in gun powder
and other high explosives. and are
violating the act of July 2. 1890. COM
monty known as the Sherman anti
trust act. 1t seeks to prevent and re-
strain the unlawful existing agree
ments, contracts. combinations. and
conspiracies in restraint of such trade
and commerce, to prevent and restrain
the attempts on the part of the de-
PENDANTS to monoDolize such trade and
commerce. and to dissolve the existing
monopolies therein.
The court is asked to determine
whether public interests will be better
subserved by the appointment of re-
ceivers to take possession of the prop
erty of the alleged trust with a view
to bringing about conditions In trade
and commerce that. Will be in harmony
with the law. The prayer in this re-
spect is identical with that in the so
called ODaccO trust CeIltIOn.
1t is 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 commodities
should be sold and of driving the other
corporations out ofAbusiness by unfair
competitive methods. This association
enjoyed an uninterrupted operation, It
is said, until 1881, when a new agree
ment was entered into with the object
of 11oo IA n from
engaging in the powder business. In
the meantime. the three "would-be"
competitors are declared to have been
compelled to join the monopoly. 1t is
shown that there were succeeding as
sociations in 1856. 1891 and in 1896,
each with the same general object and
composed of the same members and
their successors. The 1896 association
whole period of time from 1872 until
1902, the members of these aSsocia-
tions, it is asserted. by various unfair
business methods. forced substantially
ness until at the latter date they con-
trolled 95 per cent thereof.
The Holding Company.
The petition recites many of the
operations of the socalled powder
trust leading up to the organization in
of New Jersey of the E. I. Dupont de
Nemours Powder company with a
capital stock of $50,00O,000 as a hold
ing company for the purpose of ac-
quiring the capital stocks of every
corporation in the United States en-
gagged in manufacturing and dealing in
high explosives.
This New Jersey holding company,
it is alleged, did acquire control of the
companies operating in high explosives
in the United States until all of the
business of shipping and selling such
commodities Of substantially 20 COM
panieS, which had from time to time
since 1872 been separate competing con-
Germs, is now being carried on by three
gigantic operating companies, namely:
l. Dupont de NenourS Powder company
of Delaware and the Latin and Rand
Powder company.
The defendants, it is alleged, have al
ready a complete monopoly of the pro-
duction and distribution Of smokeless
nopoly Of 95 per cent of the production
and distribution of high explosives 9TH
er than smokeless powder.
The government asks in its prayer for
relief that these operating companies be
enjoined and restrained from operating
the United States or that receivers be
appointed to take over their business.
The government asks also that control
of certain capital stock in other COM
paaies by the various holding companies
shall be adjudged unlawful and void ami
that the defendants shall be restrained
from carrying on alleged unfair corrf-
petition against 26 Independent firms
which at the time of the filing of the
petition were engaged in the manuqac-
ture. shipment and sale of blasting pow
der and dynamite in the United States
in lawful competition with the defend
ants.