Evening journal., 1912-03-05
DUPONT co.
STANDS FIRM
Counsel Unable to Agree on
Form Of Degree In DiSSOlu-
tiOn Suit
MUST AGREE IN TWO
WEEKS, COURT WARNS


Nemours Company, or so-cailed Pow
der Trust. indicated plainly yesterday
during the argument in the United
States Circuit Court of Appeals in
philadelphia over the scope of the
decree to be entered to carry into ef-
feet the decision of Court dissolving
the illegal combination. that the du-
Points would fight the Government
at every point, and would not con-
cede a single inch unless compelled
to. The lawyers for the two sides
have been trying since last June to
agree on the form Of the decree
without the slightest prospects Of
iington asked counsel why they had
not agreed on a form of decree. VIII
liam A. Glasgow. special assistant
to the Attorney General. said
Your Honor, with all respect TO
the7parties on the other side, / think
the defendants do not realize that this
case has been decided by this Court. "
duPOnts Wouldn't Consent.
William H. Button, of New York,
of counsel for the defendants, said
such was not the case, as it was 50
unreasonable in its proposals to dis
tribute the stock of the alleged COM
bination that the duPonts. who hold
over 80 per cent. of it, would not as
sent to the plan.
Mr.. Glasgow. in speaking on the
plans for a dissolution Of the Trust,
said the form of decree proposed by
the powder people was utterly impos-
slble. He said he had suggested that
the defendants divide the de Nemours
Company into three separate con-
Germs. but that Senator Spooner
would not agree to such a PROPOSE
ton, but was willing to make two in
tegral companies of the dupont con-
cern.
Like the Tobacco Decree.
Mr.. Glasgow said the Department ol
Justice had given him explicit instruc
tions to press the Court to make Z
final decree, and he urged that tbs
Court adopt the measures of the Su
preme Court of the United States II
the Tobacco case. In that matter
Mr.. Glasgow continued. the Trust hat
the alternative of going into the hands
of receivers or being enjoined from
transporting its commodity in inter
state commerce. Mr.. Glasgow said tn
Governments preference for a com
plete dissolution of the alleged POwde
Trust would be to place it in th
hands OF receivers.
Mr.. Button said that II the Govern
ment's counsel would consent to tn
T,F1 he cifna ffnn
they held prior to 1903 all would b
we'll and a decree drawn in a yer
short space of time.
Mr.. Glasgow, however. contende
that such a concession was out of tn
question, as the Court In its opinio
filed in the present case had decide
that the relations of the La1and an
Rand Company and the duPonts. be
ginning as far back as 1872, were il
legal
Judge Burlington asked to be show
the difference between the proposal o
the Government to divide the allege
Trust into three companies, and tn
offer Of the defendants to have bu
two companies get the business.
Because" spoke up Attorney Glas
cow. "the two companies suggested b
the other side own So per cent. Of tn
stock of the Lafland and Rand Com
pany, which is one of the concern
suggested by u.s."
Objected to Judge Cross.
Counsel for the Powder Compan,
having raised technical objections L
Judge Cross sitting in place Of tn
late Judge Lanning. Judge Gray fin
ally said that to prevent legs
complications and as II was expectel
that President Taft would shortl,
appoint a successor to Judge Ian
ming, the case would be adjourned 70
two weeks. In that time he suggest
ed that counsel for both sides max
a sincere effort to draft a deere
agreeable to both, and that the Cour
would render any assistance aske,
for. Counsel representing the liti
gants spoke upon this last point ant
the hearing ended temporarily witt
the announcement that all the at
torneys and the judges would NEE
in the Post Office for a conference Of
next Friday.
Judge Gray's Warming.
Judge Gray, of Wilmington, befor
the adjournment, said that it was I
be regretted that counsel we're a
loggerheads as to the decree. and /
they continued so the Court had n
alternative but to enter a decree sue
rs was made in Tobacco case. Jude
Gray said the Court was disincline
to do this, adding that the duPon
Company was the fright hand Of tn
Government" for many years I'm tina
It furnished ammunition for protec
ton both at home and abroad. II
said that to enter a decree either az
pointing receivers or enjoining tn
defendants from engaging in inter
state commerce meant destrcyin
the property rights of the defendant
and although the latter would suffei
so would the Government and tn
people.
He made these remarks in the hop
Of impressing upon counsel the in
portance of a consent decree an
urged them to get together and agre
as to how the Trust should be brol
en- up.
1T is to be hoped" said Jude
Gray. that Congress will some ds
see that an act passed twenty-or
years ago, necessarily tentative in Il
character, should be amended I'm tI
light Of experience had during thl
period
"The Sherman act in its few line
declares a policy, but does not NAL
a specific regulation or define
crime. It is much to be desired thi
Congress, in its future regulation