Evening journal., 1911-06-22

Y
parts of the country was employed in
the case. including Attorney General
Wickersham, William S. Kenyon,
James Scarlet and William A. Glss-
gov, special assistants. The defendants
counsel were Frederic Ullmann, Fred
erick Seymour. David T Marvel, David
T. Watson, Burton r. Tuttle, ex-Sen-
ator John c. Spooner, James NJ Town
send. George s. Graham, William s.
Hilles and William H. Button. Five
days were consumed in hearing argu-
ment
Those Who Violated Law.
The companies and individuals
which the Court finds have violated
the Antitrust law by an Illegal COM
bination and against whom the decree
of the Court ia made, are:
The Hazard Powder Company, Laf-
lin and Rand Powder Company.
Eastern Dynamite Company. Fair
mont Powder Company, International
Smokeless Powder and Chemical
Company, Judson Dynamite and
Powder Company, Delaware Securi-
ties Company, Delaware Investment
Company, California Investment Com
pany. E. l. DUPONT de Nemours and
Company, Of Pennsylvania; DUPONT
International Powder Company. r. T.
DUPONT de Nemours Powder Company,
r. I DUPONT de Nemours and Com
pany, Thomas Coleman dupont, Pierre
S. DUPONT, Alexis I. DUPONT, Alfred l.
DUPONT, Eugene dupont, Eugene f.
DUPONT, Henry F. dupont, Irene du-
Pont. Francis l. DUPONT. Victor du-
Pont. Jr., Jonathan A. Haskell, Ar
thur ]. Moxham, Hamilton M. Barks-
dale, Edmond G. Buckner and Frank
lin L. Connable.
Combination Must BE Dissolved.
AS TO these defendants the Court de-
crees that they are maintaining a COM
bination in restraint of interstate
commerce In powder and other ex-
plosives i'm violation Of Section I of
the Act entitled "An Act to Protect
Trade and Commerce Against Unlaw-
ful Restraints and Monopolies," ap-
proved July 2, 1890. II is further
decreed that they have attempted TO
monopolize and have monopolized a
large part of such commerce in viola
tion Of Section 2 Of the Act, "and that
they shall be enjoined from continu-
ing the combination and that the COM
The defendants i'm whose case the
suits we're dismissed were:
The Aetna Powder Company,
Miami Powder Company, American
Powder Mills, Equitable Powder
Manufacturing Company, Austin
Powder Company, King Powder Com
pany, Anthony Powder Company, Ltd,
American e. c. and Schultze Gun
powder Company, Peyton Chemical
Company, Henry A. DUPONT. Henry r.
Baldwin, California Powder Works,
Conomaugh Powder Company. Metro
politan Powder Company, and e. L.
DUPONT Company. OF August I, 1908
Il will be noted that the suit
against Senator Henry A. DUPONT is
one of those dismissed.
The dismissal OF the suit against
the foregoing IS corporations and in
dividuals is based on the ground that
there was a lack OF evidence TO prop
erly connect them with the for
nation OF the Illegal combina-
ton at sufficient time be-
fore the suit was brought, a number
Of the companies having been dissolv-
ed and being no longer in existence
when the Governments petition was
filed. In several instances the stock
Of some OF these companies had been
acquired by one of the DUPONT COM
panies.
Points 10 BE Decided.
Judge Lanning, after explaining the
character OF the Governments suit
and stating that there was no diffi-
Guilty In determining the Issue of fact
OF law. continues.
THE case as we view II, Is to he
decided upon evidence, about which
there is practically no dispute Our
task is by a study OF unimpeached
documentary and other evidence
to ascertain (D, what were the rela-
lions OF the defendants when this
suit was commenced. (2). whether
those relations are inimical to the
law, and, If so. (S), what the relief
shall be.
THAT task will he simplifed N. in
the first place. we determine which
Of the defendants are clearly shown
TO have had no connection a. the time
Of the commencement Of this suit with
any combination or conspiracy Of the
nature described in the petition; for.
as the only relief We can grant In this
must be dismissed as to any defend
ant who was not violating the law, or
threatening to violate It when the
suit was commenced One may he
indicted for former connection
with a combination or conspiracy vio-
latve Of the antitrust act. but, after
he has in good faith withdrawn from
such a combination or conspiracy, he
is no longer a subject Of the iniunc-
tive power Of the Court Of Equity"
The judge then discusses briefly
the answers 10 the suit filed by sew
eral OF the defendant concerns. and
states.
1T is charged that the Equitable
Powder Manufacturing Company was
incorporated in January. 1892. that y.
I. dupont de Nemours and Company.
partnership then existing in Della
ware, acquired 40 per cent. Of its
capital stock. that the stock is now
held by one OF the defendants. that
shortly after its incorporation the
Equitable constructed a powder mill
IN Illinois. where Il has ever since
manufactured and sold I'm interstate
trade gunpowder and other high ex-
! plosives: that ever since its organiza-
ton competition I'm the shipment and
sale of gunpovder between that COM
pany and others Of the defendants
has been suppressed. and eliminated,
that the prices for its commodities
have been fixed by the parties to the
alleged combination. and that r. J.
DUPONT de Nemours and Company, the
partnership referred 10, and its sue
ceesOre have avar since dov,,f,o t.5