Evening journal., 1907-07-30

fourth period, from 1891 to 1895; hftn
period. from 1896 to 1902, and sixth
period, from 1902 to the time Of the
filing Of this petition.
Simple Association.
THAT during the first -eriod here
In mentioned, the cor ,blnation and
conspiracy took the form of a simpe
association composed of the following
copartnerships and corporations, to
witt: e. l. dupont de Nemours and
Co.. The Hazard Powder Company.
Latin and Rand Powder Company.
Oriental Powder Mills, American
Powder Company. The Miami Powder
Company. and the Austin Powder
Company Of Cleveiand. which said as
sociation was during an Of said period
and thereafter commonly known and
described as the "Gunpcwder Trace
Association of the Omitted States"
that the professel purpose Of said AS
sociation was TO secure to the mem
bers thereof an equitable adjustment
and maintenapce Of the prices at
which gunpowder and other high ex-
plosives should ie shipped and sold by
the members Of said association to The
trade among the various States ana
Territories Of the United States.
"And your petitioner alleges that
during all Of said first period all COM
petition between the members Of said
association IN the shipment and salo
of gunpowder and other high explo-
sives among the various states and
Territories Of the United States was
suppressed and eliminated. and that
The members of said association were
during all OF said time in a combina-
ton and conspiracy with each other
TO exclude all other persons partner
ships and corporations which were
not members OF said association from
the shipment and sale Of gunpowder
and other high explosives among the
several states and Territories Of the
United States.
"cunpowdcr Assooiation.v
THAT during the period from 1881 to
1856. known as the second period. The
said 'Gunpowder Trade Association Of
the United States and the various
members thereof continued in existence
and In active operation I'm substantially
the same manner as they had continued
and operated during the time Of the
first period herein described.
"That In the year 1856 the various
parties to the said 'Gunpowder Trade
/ Association OF the United States and
others hereinafter more specifically
named, who in the meantime had be-
come members OF said association IN
furtherance Of said combination and
conspiracy. entered into certain other
agreement in writing commonly
known as the fundamental agreement,
wherein II was provided Among other
things that the prices at which gun
powder and other high explosives
should be shipped and sold to the trade
among the various States 81 the Unior
should be from time 10 time fixed and
maintained by the various parties tC
said Fundamental agreement and thai
all competition IA such trade and com.
merce between the parties thereto
should be suppressed and eliminated
land in order 10 enforce an observanc,
Of the prices by the parties thereto
when so fixed, It was provided that Ger.
tain fines and penalties should be i'm.
posed upon and collected from the par
ties to said agreement who should from
and your petitioner alleges that fur
ther object of the said Fundamental
agreement was to force out OF an'
eliminate from such trade and com
imerce by the concerted action Of thu
members Of said fundamental agree
ment any and all persons. partnerships
lor corporations which We're not mem
bers thereof; that during said third per
iod the parties 20 said 'fundamenta
, agreement did from year to year ac
and conduct their respective businesse
lin strict observance Of the term
thereof. as hereinafter more particular
lly alleged
"That in the year 1891 the variou