Smyrna times., 1911-06-28
POWDER TRUST
MUST DISSOLVE
U. S. Circuit Court Hands
Down Decision.
VIOLATES SHERMAN LAW
The Dupont Company and Twenty
seven Allies Declared to Be Illegal
Combination In Restraint of Trade.


Judges Gray, of Wilmington; Buff
tington, of Pittsburg, Pa, and Lam
ming, of Trenton, n. j., filed an opin-
ion in the United States circuit court
in Wilmington, Del, declaring that
the Dupont Powder company and
twenty-seven other companies and in
dividuals are guilty of maintaining
a combination in restraint of interstate
commerce in powder and other emplo-
sives," and ordered that it be dis
solved.
The bills against United States Sen
ator Henry A. Dupont and fourteen
other defendants were dismissed This
is the celebrated suit of the govern
ment against the powder trust for al
legged violation of the Sherman anti
trust act
The court has fixed Oct 16 as the
date for hearing arguments as to how
the combination shall be dissolved.
In his decision Judge Lanning de-
cides that number of companies
forming the combination have COM
mitted certain acts which make it il
legal and in violation of the Sherman
antitrust law.
Judge Lanning heard the case, with
Judge Gray and Judge Burlington. The
trial was held in Wilmington, but the
Philadelphia witnesses, for their con-.
venience, presented their testimony
before a commissioner who sat in that
city.
The decision, following closely upon
those of the supreme court in the to-
bacco and Standard Oil cases, is re-
garded as a great victory for the gov
ernment. The trial of the powder case,
begun in Wilmington in 1907, attracted
widespread attention. Hearings before
United States commissioners were
held in half dozen cities and a great
mass of testimony was taken.
1t was alleged by the government
that from 1872, when the Dupont con-
Germ and other subsidiary companies
formed an association for controlling
the powder industry, until 1907, when
the suit was brought, the so-called
trust gained a monopoly Of the trade.
1t was also declared that the "com-
bination" fixed prices and otherwise
acted in restraint of trade All these
charges were denied by the company,
through it's chief counsel, former SEN
ator Spooner, Of Wisconsin, who made
the chief argument for the Dupont
and its allied companies, whose num-
Der was fixed at sixteen by the fed
eral government.
A final decree is entered with re-
spect to fifteen of the defendants in
that the petition filed by the govern
ment against them asking that they he
adjudged acting in restraint of trade,
is dismissed, these defendants being
the Aetna Powder company, Miami
| Powder company, American Powder
mills, Equitable Powder Manufacture
ing company, Austin Powder company,
Anthony Powder company, King Pow
der company, limited; American E. G.
and Schultze Gunpowder company,
Peyton Chemical company, Henry A.
Dupont, Henry F. Baldwin, California
Powder works, Conemaugh Powder
company, Metropolitan Powder com
pany and E. |. Dupont company, of
Aug. l, 1903.
The opinion holds that the remain
ing twenty-seven defendants are main
tanning a combination in restraint OF
interstate commerce in powder and
other explosives in violation of sec
ton l of the act entitled,
"An act to protect trade and com
merce against unlawful restraints and
monopolies," approved July 2, 1890;
that they have attempted to manopo
lie and have monopolized a part o
such commerce in violation of section
of that act; that they shall be en-
joined from continuing said combina
tion, and that the combination shall b,
| dissolved