Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1911-06-24
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.

seven Allies Declared to Be illegal
Combination IN Restraint OF Trade
Judges Gray. of Wilmington; Buf
angton. OF Pittsburg. Pa, and Ian
ming, OF Trenton. N. j.. filed an opin
ion In the United States circuit court
in Wilmington. Del. declaring that
the Dupont Powder company ana
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 II 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 a number of companies
forming the combination have com.
mitted certain acts which make 1t ii.
legal and In violation of the Sherman
antitrust law.
Judge Lanning heard the case, with
Judge Gray and Judge Burlington. TIE
trial was held in Wilmington, but the
Philadelphia witnesses, for their con.
venience. presented their testimony
before a commissioner who sat in that
city.
Judge Lanning was delegated TO
write the courts opinion.
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.
eminent. 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.
William A. Glasgow, OF Philadelphia
and James Scarlet. of Danville. Pa.
appeared as special counsel for ths
government William II. Button wa
of counsel for the defense.
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 socalieS
trust gained monopoly OF the trade.
II 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 its 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 be
is dismissed, these defendants being
the Aetna Powder company, Miami
Powder company, American Powder
mills. Equitable Powder Manufac, ur.
ing company, Austin Powder company.
Anthony Powder company. King Pow
der company. limited; American L. c.
and Schultze Gunpowder company,
Peyton Chemical company. Henry A.
Dupont. Henry F. Baldwin, California
Powder works. Conemaugh Powder
company. Metropolitan Powder com.
pany and Il. |. Dupont company. of
Aug. !. 1908.
The opinion holds that the remain.
ing twenty-seven defendants are main.
tanning combination in restraint of
interstate commerce in powder and
other explosives in violation OF sec
ton l of the act entitled,
IAN 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 OF
such commerce In violation of section
2 OF that act; that they shall be en-.
Joined from continuing said combina.
ton. and that the combination shall be