Evening journal., 1911-06-22
POWDER TRUST MUST
DISSOLVE, SAYS COURT
Injunction Issued Against
28 of the 43 Corpora
tions and individuals
Named as Defendants.
DUPONTS HAVEN'T
DECIDED NEXT STEP

The United States District Court
for the District of Delaware decided
in an opinion filed by Judge Lanning,
in this city yesterday afternoon, that
the so-called Powder Trust" is an
illegal combination in restraint of
interstate commerce and in violation
OF the Sherman antitrust act, and or
ders il dissolved. An Injunction is
also directed to be issued to restrain
future violations of the law.
The decision is concurred in by
Judge Gray, of Delaware, and Judge
Burlington, of Pittsburg. The opinion
is sweeping in its character so far
as it affect 2S of the 43 corporations
and individuals originally named as
defendants to the Governments suit
As against the other Is the Govern
ment's petition is dismissed.
No Criminal Action.
Accompanying the opinion is an
interlocutory decree, in which the
Court fixes October 16 for hearing Of
argument relative to the scope of the
injunction to be finally issued and as
TO the best steps to be taken for the
dissolution of the illegal combination
powder and other explosives.
The decree to be framed does not
contemplate any criminal action
against the defendants. but the decree
will be as to the time of dissolution Of
the trust and the injunction to be ap-
piled against it.
duPonts Haven't Decided.
Pierre S. dupont, treasurer of the du-
Pont Company, in the absence from
the city of General T. Coleman du-
Pont. the president. was asked today
whether the company would take an
appeal to the Supreme Court. In
answer the following statement was
issued
THE officers Of the E. I. DUPONT de
Nemours Company have not had an
opportunity to read with proper care
the opinion of the Circuit Court of
the United States handed down, yes
terday; therefore no statement can be
made at this time, and until con-
ference with the company's attorneys
is held
When this conference will be held
Mr.. dupont could not say just
what the DUPONT and its allied COM
panies will do remains to be seen. II
appeal will be taken to the United
States Supreme Court, which would
stay for awhile the dissolution of the
company, or that the big corporation
will be dissolved into many smaller
companies each conducting its own
business independently within the
meaning of the Sherman law.
The company is given an oppor-
tunity to present new evidence on
October 16.
The Court decision will not cause
the dupont Company to go out Of
business. I'VE do not expect to shut
ND shop" one man connected with the
company said.
The Courts ruling closely follows
the Supreme Courts finding In th'
Standard Oil and Tobacco Trust cases
Judge Lanning holds that these deci
sions make il quite clear that the Ian
guape of the antitrust act is not L
receive that literal construction which
will impair rather than enhance free
dom of interstate commerce.
The Court in its opinion observes
I'VE understand, also. that they fur
nisb explosives used in the cOnstruc
tion of the Panama Canal. Their abilit,
to continue so to do should not be de
stroyed before the expiration of a rea
sonable time for adjusting their busi
ness to the changed conditions.
The suit was filed by the Govern
ment on June 80, 1907. William G. Ma
haffy. of this city, was appointed ex
aminer, and until final argument wa
heard last March, Mr.. Mahaffy obtain
ed more than seven thousand pages o
testimony, which he turned over to tn
1continred on Second Page)