The Penn's Grove record., 1911-06-23
POWDER TRUST BLOWN UP.
U. S. District Court Decides the du-
Pont Combinations nust Dissolve.

attacked by Tie UoFeILnleHt duoub
three years ago, has been declared a
in restraint Of trade according to-
the Sherman law, and must be dis
solved. While the legal corporation on
paper will be affected the company's
business of making powder will go on
as if nothing happened.
The decision was made known on
Wednesday. Judge tanning, of Tren-
ton. wrote the opinion which was con-
Cured in by Judges George Gray and
Burlington. The decision is sweeping
in so far as it affects % Of the 43 or
porations and individuals originally
named as defendants in the Govern,
ment suit. AS against the other 10
the Governments petition is dismissed.
THOSE Who VIOLATED LAW.
The companies and individuals which
the Court finds have violated the Anti
Trust law'by an illegal combination and
against whom the decree Of the Court is
made, are:
The Hazard Powder Co., Latin &
Rand Powder Co., Eastern Dynamite
Co., Falrmont Powder Co., International
Smokeless Powder and Chemical Co.,
Judson Dynamite aud Powder Co., Del
aware Securities Co., Delaware Invest
ment Co., California InvestimentiCo: E.
/. duPont-de Nemours & Co., of Pennsyl-
vania; dupont International Powder Co.,
E. l.. duPont-de Nemours Powder Co., E..
1. duPont-de Nemours & CO., Thomas
Coleman dupont, Pierre S. DUPONT, Al
exis L. dupont Alfred l.. DUPONT, Eugene
E. DUPONT, Henry f. dupont, Irene du-
Pont, Francis L. dupont, Victor dupont,
Jr., Jonathan A. Haskell, Arthur ].
Moxam, Hamilton NJ. Barksdale, Ed
mond G.. Buckner and Franklin L. Con-
nable.
COMBINATION MusT Be DISSOLVED
AS to these defendants the Court de-
crees that they are maintaining a com
bination in restraint of interstate com
merce in powder and other explosives I'm
violation OF Section | ofthe Act entitled
"An Act to Protect Trade and Commerce
Against Unlawful Restraints and Mono
poIies," approved July 2, 1890. 1t is
furthur .deereed that they have attempt
ed to %monopoIize and have monopolized
a large part Of such commerce in viola
ton of Section 2 of the Act, ''and that
they shall be enjoined from continuing
the combination and that the combiua-
ton shall be dissolved"
The defendants in whose case the suits
were dismissed we're:
The Aetna Powder Co., Miami Powder
Co., American Powder Mills, Equitable
Powder Manufacturing CO., Austin Pow
der Co., King Powder Co., Anthony
Powder Co., Ltd American E. G. &
Schultz Gunpowder Co., Peyton Chemi-
cal Co., Henry A. dupont, Henry F.
Baldwin, California Powder Works, Con-
emaugli Powder Co., Metropolitan Pow
der Co., and E. |. DUPONT Co., of August
l, 1908.
The dismissal of the suit against the
foregoing15 corporations and individuals
is based ON the ground that there was a
lack Of evidence to properly connect
them with the formation OF the illegal
combination at a sufficient time before
the suit was brought, a number Of the
companies having been dissolved and be-
ing no longer i'll existence when the
Governments petition was filed. In sew
eral instances the stock of some of these
companies had been acquired by III OF
the DUPONT companies.
Fudge Lanning's opinion states that
the case is decided upon evidence about
which there is no dispute. The majority
Of the stocks of the various companies
were found to have been bought by the
DUPONT Companies OF 1902 and later by
the DUPONT ConpanyoI 1908, aud are
now mostly owned by the DUPONT Com
pany of 1903.
The defendants, Thomas Coleman du-
Pont, Pierre S. dupont, Alexis |. DUPONT,
Alfred |. DUPONT, Eugene DUPONT, Eugene
Z. dupont, Henry +. dupont, Irene du-
Pont, Francis l. dupont, Victor DUPONT,
Jr., Jonathan A. Haskell, Arthur. Mox-
ham, Hamilton NJ. Barksdale and Frank
L, Connable, are each directors of the du-
Point Companies in 1902 and 1903, or OF
one OF them, Thomas Coleman DUPONT
is also president of both of them. Edmund
G. Buckner is an active director of the
International Smokeless Powder & Chem
ical Company.
1t is clear that these % defendants are
associated in a combination for carrying
on interstate . commerce in powder and
other explosives.
"While all this is true. Judge Lam
ming continues, ''the recent decisions of
the Supreme Court make it equally
clear that a combination cannot escape
bte C0luellidtlOH Oh bl0 AHtl- lTuSG dCt
merely by the form it. assumes or by
the dress it wears. 1t matters not
whether the combination be in the form
OF a trust or otherwise whether it be in
the form of a trade association or a
corporation, if it arbitrarily uses its
power to force weaker competitors out
of business or to coerce them into a
sale to or union with the combination,
it puts a restraint upon interstate COM
merce and %monoplizes or attempts to
monopolize a part of that M in a
that violates the Antitrust act.
"Tbe decree will further sdjudge that
this Court, in order to obtain such fur
ther information as shall enable it to
frame a final decree which shall give
effective force to its adjudication, will
near the petitioner and the defendants
on October Is next as to the nature