Doctor DUDLEY. As I have explained the procedure, I do not quite see the point you make. Mr. MANN. I think that is the reason why Mr. Russell probably asked you if this was a matter that had passed through the hands of the counsel of the company. Mr. BARTLETT. Would it not be true that whether the requirements were the best known or not was purely a question of fact, and not a question of construction of law? It was not a construction of law, but a question of fact? Doctor DUDLEY. Yes; a fact proved by witnesses. Mr. MANN. Before a suit was brought? Mr. BARTLETT. You will find they will not take any jurisdiction of it, if it ever is sent to them. Doctor DUDLEY. I would like to say again that that general section and the bill itself was passed upon by Mr. Massey, the general solicitor of the Pennsylvania Railroad. Of course I am not a lawyer to follow you in this matter, and I do not quite see how the court is called upon to make any decision before a suit is brought. Mr. STEVENS. It would not make any decision. Doctor DUDLEY. Yet I understand that Mr. Mann makes that point. Mr. BARTLETT. The Supreme Court would throw you out. Doctor DUDLEY. The case would be brought, and brought first by the so-called injured party, before the Interstate Commerce Com mission. Mr. MANN. I see what your point is. It seems to me, though, that a petition of a party to ask a United States circuit court to determine what are the best known practicable regulations for transporting explosives is not a suit, within the meaning of the law. Doctor DUDLEY. How about patents? The most complicated and difficult things are brought before the courts, and it is a question of expert testimony. Mr. MANN. We could not confer upon the courts the power to determine whether a man's patent was valid or not. The court would not determine the question, and the court never attempts to until there is a controversy between two different persons of adverse interests. Doctor DUDLEY. That is exactly what we have in mind here-a suit between the manufacturer and the transportation company. Mr. MANN Do you know how many manufacturers of high explosives there are that would be affected by this bill? Doctor DUDLEY. I can not tell you the total number of highexplosive manufacturers, but we know that there are now in existence, with the possibility that we have not gotten the whole of them, 147 manufacturers of explosives. I can not give you the details. Mr. MANN. They would be affected by this legislation? Doctor DUDLEY. Yes; and there are 17 fireworks manufacturers. Mr. MANN. Where are they located, generally? Doctor DUDLEY. There is one on the Ann Arbor Railroad, one on the Arkansas Central, two on the Atchison, Topeka and Santa Fe, and Mr. SHERMAN. What States? That is what we want. Doctor DUDLEY. The principal portions of them are in Pennsylvania and New Jersey, generally. Mr. SHERMAN. Have you a table there? Doctor DUDLEY. Yes. Mr. SHERMAN. Will you leave it with the stenographer? (Following is the document referred to:) [Printed for use of members of the association only.] THE AMERICAN RAILWAY ASSOCIATION. List of manufacturers of explosives. [Compiled by the Bureau of Explosives, January 1, 1908. *Lines not members of the Bureau of Explosives.] *Ann Arbor Railroad: Great Western Powder Company, Toledo, Ohio. *Arkansas Central Railway: Equitable Powder Manufacturing Company, Fort Smith, Ark. *Atchison, Topeka and Santa Fe Railway: Pennsylvania and Kansas Plant (Du Pont), Pittsburg, Kans.; Trojan Safety Powder Company, Overton, Colo. Atchison, Topeka and Santa Fe Railway (coast lines): Giant Powder Company (Consolidated), Giant, Cal.; Hercules Plant (Du Pont), Hercules, Cal.; Vigorite Plant (Du Pont), Vigorite, Cal. Atlantic Coast Line Railroad: Romaine & Co. (fireworks), Petersburg, Va. *Baltimore and Ohio Railroad: American High Explosives Company, New Castle, Pa.; Austin Powder Company, Brooklyn, Ohio; Burton Powder Company, Hillsville, Pa.; Columbia Firecracker Company, Fostoria, Ohio; Fairchance Plant (Du Pont), Fairchance, Pa.; Kellog Plant (Du Pont), Central City, W. Va.; Meadow Brook Plant (Du Pont), Meadow Brook, W. Va.; Pittsburg Fulmenite Company, Zelienople, Pa.; Rand Powder Company, Rand, Pa.; Rockdale Powder Company, Hoffmansville, Md.; Youngstown Plant (Du Pont), Youngstown, Ohio. Bangor and Aroostook Railroad. *Bay of Quinte Railway: Ontario Powder Company, Tweed, Ontario. *Beaumont, Sour Lake and Western Railway: Texas Dynamite Company, Beaumont, Tex. Bessemer and Lake Erie Railroad. Boston and Maine Railroad: American Powder Mills, Maynard, Mass.; American Smokeless Powder Company, South Acton, Mass.; Royal Block Powder Company, Gorham, Me.; Schaghticoke Plant (Du Pont), Schaghticoke, N. Y. *Buffalo and Susquehanna Railroad: Sinnemahoning Powder Manufacturing Company, Sinnemahoning, Pa. Buffalo Creek Railroad. Buffalo, Rochester and Pittsburg Railway: American High Explosives Company, New Castle, Pa.; Riker Plant (Du Pont), Punxsutawney, Pa.; Rochester Fireworks Company, Rochester, N. Y. *Canadian Pacific Railway: General Explosives Company (Canada), Hull, Quebec; Giant Powder Company, Telegraph Bay, British Columbia; Hamilton Powder Company, Departure Bay, British Columbia; Hamilton Powder Company, Northfield, British Columbia; Hamilton Powder Company, Windsor Mills, Quebec; Hand Fireworks Company, Hamilton, Ontario; J. C. Mitchell Smokeless Powder Company, Medicine Hat, Alta.; Ontario Powder Company, Tweed, Ontario; Standard Explosive Company, Vaudreuil, Quebec. *Central New England Railway: Ensign & Bickford Company, Simsbury, Conn. Central of Georgia Railway: Jefferson Powder Company, Birmingham, Ala.; Sterling Plant (Du Pont), Birmingham, Ala. Central Railroad of New Jersey: Detwiller & Street Fireworks Company, Jersey City, N. J.; Enterprise Plant (high explosives) (Du Pont), Nesquehoning, Pa.; Enterprise Plant (black powder) (Du Pont), Penobscot, Pa.; Forcite Plant (Du Pont), Hopatcong, N. J.; General Explosives Company, Lake Junction, N. J.; Gracedale Plant (Du Pont), Gracedale, Pa.; Kenvil Plant (Du Pont), Kenvil, N. J.; Mauch Chunk Plant (Du Pont), Mauch Chunk, Pa.; Miller, J. S. (black powder), White Haven, Pa.; Miller, J. S. Powder Company (dynamite), White Haven, Pa.; Moosic Plant (black powder) (Du Pont), Moosic, Pa.; Oliver Plant (Du Pont), Laurel Run, Pa.; Picatinny Arsenal, Dover, N. J.; Star Electric Fuze Company, Wilke sbarre, Pa. Central Vermont Railway Company: Robin Hood Ammunition Company, Swanton, Vt. Chesapeake and Ohio Railway: Kellog Plant (black powder) (Du Pont), Central City, W. Va. *Chicago and Alton Railroad: Equitable Powder Manufacturing Company, East Alton, Ill. Chicago and Eastern Illinois Railroad: Etna Powder Company (Western), Thebes, Ill.; Egyptian Powder Company, Marion, Ill.; Miami Powder Company, Fayville, Ill. Chicago and North Western Railway: Pleasant Prairie Plant (Du Pont), Pleasant Prairie, Wis. Chicago and Western Indiana Railroad. Chicago, Burlington and Quincy Railroad: Ashburn Plant (Du Pont), Ashburn, Mo.; Buckeye Powder Company, Edwards, Ill.; Equitable Powder Manufacturing Company, East Alton, Ill.; Mooar Plant (Du Pont), Mooar, Iowa. Chicago, Indianapolis and Louisville Railway: United States Powder Company, Linton, Ind. *Chicago, Peoria and St. Louis Railway: Illinois Powder Manufacturing Company, Grafton, Ill. Chicago, Rock Island and Gulf Railway. Chicago, Rock Island and Pacific Railway: Trojan Safety Powder Company, Overton, Colo.; Patterson Plant (Du Pont), Patterson, Okla. Chicago, St. Paul, Minneapoils and Omaha Railway: Barksdale Plant (Du Pont), Barksdale, Wis. Cincinnati and Muskingum Valley Railroad. Cincinnati, Blufiton and Chicago Railroad. *Cincinnati, Hamilton and Dayton Railway: Etna Powder Company (fuze), Xenia, Ohio; A. L. Due Fireworks Company, Lockland, Ohio; Great Western Powder Company, Toledo, Ohio; Miami Powder Company, Goes Station, Ohio. Cincinnati, New Orleans and Texas Pacific Railway: Sterling Flant (Du Pont), Lewisburg, Ala. Cincinnati Northern Railroad. Cleveland, Akron and Columbus Railway. Cleveland, Cincinnati, Chicago and Saint Louis Railway (Big "4"): Berea Novelty Company, Berea, Ohio; Consolidated Fireworks Company, Reading, Ohio; Crescent Novelty Company, Berea, Ohio; Del Grande Fireworks Company, Paris, Ill.; E. Hebenstreet (fireworks), Lockland, Ohio; Equitable Powder Manufacturing Company, East Alton, Ill.; Fontanet Plant (Du Pont), Fontanet, Ind.; Great Western Powder Company, Toledo, Ohio; H. P. Diehl Fireworks Company, Lawrenceburg, Ind.; A. L. Due Fireworks Company, Lockland, Ohio. Coal and Coke Railway. * *Colorado and Southern Railway: Trojan Safety Powder Company, Overton, Colo. Copper Range Kailroad: Hancock Chemical Company, Dollar Bay, Mich. Cumberland Valley Railroad. Delaware and Eastern Railroad. Delaware and Hudson Company: Consumers' Plant (Du Pont), Peckville, Pa.; Kline-Buss Smokeless Explosive Company, Rocky Glen, Pa.; Moosic Plant_(Du Pont), Moosic, Pa.; Rushdale Plant (Du Pont), Jermyn, Pa.; Star Electric Fuze Company, Wilkes-Barre, Pa. *Delaware, Lackawanna and Western Railroad: Consumers' Plant (Du Pont), Peckville, Pa.; Forcite Plant (Du Pont), Hopatcong, N. J.; General Explosives Company, Lake Junction, N. J.; Picatinny Arsenal, Dover, N. J. * Denver and Rio Grande Railroad: Trojan Safety Powder Company, Overton, Colo. Detroit and Mackinac Railway: Ajax Powder Company, Bay City, Mich. Detroit and Toledo Shore Line Railroad: Great Western Powder Company, Toledo, Ohio. * Detroit, Toledo and Milwaukee Railroad: Great Western Powder Company, Toledo, Ohio, *Duluth, South Shore and Atlantic Railway: Marquette Plant (Du Pont), Marquette, Mich. Eastern Railway of New Mexico. El Paso and Southwestern System. Erie Railroad: Austin Cartridge Company, Falls Junction, Ohio; Austin Powder Company, Falls Junction, Ohio; Electric Device Company, Sharon, Pa.; Haskell Plant (Du Pont), Haskell, N. J.; Kline-Buss Smokeless Explosive Company, Rocky Glen, Pa.; Macbeth Fuse Works, Pompton Lake, N. J.; Masurite Explosive Company, Masury, Ohio; Metallic Cap Manufacturing Company, Pompton Lake, N. J.; Moosic Plant (Du Pont), Moosic, Pa.; Oakland Plant (Du Pont), Oakland, N. J.; Rochester Fireworks Company, Rochester, N. Y.; Wayne Plant (Du Pont), Wayne, N. J.; Youngstown Plant (Du Pont), Youngstown, Ohio. Erie and Michigan Railway. * Esquimalt and Nanaimo Railway: Hamilton Powder Company, Departure Bay, British Columbia; Hamilton Powder Company, Northfield, British Columbia. Evansville and Terre Haute Railroad. *Fort Smith and Western Railroad: Equitable Powder Manufacturing Company, Fort Smith, Ark. Georgia and Florida Railway. Georgia Coast and Piedmont Railroad. Grand Rapids and Indiana Railway. Grand Trunk Railway System: Ajax Dynamite Company, Bay City, Mich.; General Explosives Company of Canada, Hull, Quebec; Hamilton Powder Company, Beloeil, Quebec; Hamilton Powder Company, Windsor Mills, Quebec; Hand Fireworks Company, Hamilton, Ontario; Robin Hood Ammunition Company, Swanton, Vt.; Standard Explosives Company, Vaudreuil, Quebec. * Great Northern Railway: Maury Powder Company, Maury Island, Wash.; Ran danite Powder Company, Mukliteo, Wash. Gulf, Colorado and Santa Fe Railway: Texas Dynamite Company, Beaumont, Tex. Hocking Valley Railway: Columbia Firecracker Company, Fostoria, Ohio; Great Western Powder Company, Toledo, Ohio. Illinois Central Railroad: Etna Powder Company, Thebes, Ill.; Belleville Plant (Du Pont), Belleville, Ill.; Egyptian Powder Company, Marion, Ill.; Majestic Powder Company, Greenup, Ill.; Miami Powder Company, Thebes, Ill.; Sycamore Plant (Du Pont), Ashland City, Tenn. Indianapolis Southern Railroad (Illinois Central): United States Powder Company, Linton, Ind. * Intercolonial Railway of Canada: Acadia Powder Company, Waverly, Nova Scotia. Jamestown, Chautauqua and Lake Erie Railroad. * Kansas City Southern Railway: Equitable Powder Manufacturing Company, Fort Smith, Ark.; Joplin Plant (Du Pont), Cagle Station, Mo.; Pennsylvania and Kansas Plant (Du Pont), Pittsburg, Kans.; Texas Dynamite Company, Beaumont, Tex. Kansas Southwestern Railway. Lake Erie and Western Railroad: Columbia Firecracker Company, Fostoria, Ohio. Lake Shore and Michigan Southern Railway: American Dynalite Company, Amherst, Ohio; Austin Powder Company, Brooklyn, Ohio; Berea Novelty Company, Berea, Ohio; Crescent Novelty Company, Berea, Ohio; Electric Device Company, Sharon, Pa.; Great Western Powder Company, Toledo, Ohio; Masurite Explosive Company, Masury, Ohio; Youngstown Plant (Du Pont), Youngstown, Ohio. *Lackawanna and Wyoming Valley Railroad: All American Powder Company, South Avoca, Pa.; Kline-Buss Smokeless Explosive Company, Rocky Glen, Pa.; Moosic Plant (Du Pont), Moosic, Pa. Lehigh and New England Railroad. Lehigh Valley Railroad: Cressona Powder Company, Cressona, Pa.; D. C. Rand Powder Company, Pittsford, N. Y.; Enterprise Plant (Du Pont), Penobscot, Pa.; Gracedale Plant (Du Pont), Gracedale, Pa.; J. S. Miller (Black Powder), White Haven Pa.; J. S. Miller Powder Company (dynamite), White Haven, Pa.; Lofty Powder Company, Lofty, Pa.; Nuremberg Powder Company, Tomhicken, Pa.; Oliver Plant (Du Pont), Laurel Run, Pa.; Rochester Fireworks Company, Rochester, N. Y.; Star Electric Fuze Company, Wilkesbarre, Pa. *Long Island Railroad: Pains Fireworks, Parkville, L. I. Louisville and Nashville Railroad: Belleville Plant (Du Pont), Belleville, Ill.; Connable Plant (Du Pont), Birmingham, Ala.; Jefferson Powder Company, Birmingham, Ala.; Rand Powder Company, Dossett, Tenn.; Sterling Plant (Du Pont), Lewisburg, Ala.; Tennessee Powder Company, Jellico, Tenn. Louisville, Henderson and St. Louis Railroad. *Maine Central Railroad: Royal Block Powder Company, Gorham, Me. *Marquette and Southeastern Railway: Marquette Plant (Du Pont), Marquette, Mich. *Mary Lee Railroad: Connable Plant (Du Pont), Birmingham, Ala.; Sterling Plant (Du Pont), Lewisburg, Ala. *Mexican Central Railway: National Dynamite Company of Mexico, Dinamita, Durango. Michigan Central Railroad: Ajax Dynamite Company, Bay City, Mich.; Great Western Powder Company, Toledo, Ohio. * Midland Valley Railroad: Equitable Powder Company, Fort Smith, Ark. *Mineral Range Railroad: Hancock Chemical Company, Dollar Bay, Mich. Missouri, Kansas and Texas Railway: Joplin Plant (Du Pont), Cagle Station, Mo.; Patterson Plant (Du Pont), Patterson, Okla. Missouri Pacific Railway: Egyptian Powder Company, Marion, Ill.; Independent Powder Company, Carthage, Mo.; Joplin Plant (Du Pont), Cagle Station, Mo.; Pennsylvania and Kansas Plant (Du Pont), Pittsburg, Kans.; Trojan Safety Powder Company, Overton, Colo. Muscatine North and South Railway. *National Railroad of Mexico: National Dynamite Company of Mexico, Dinamita, Durango. New Orleans and Northeastern Railroad. New York and Ottawa Railway. New York Central and Hudson River Railroad: D. C. Rand Powder Company (black powder), Pittsford, N. Y.; Nitro Powder Company, Port Ewen, N. Y.; Rochester Fireworks Company, Rochester, N. Y.; Rosendale Plant (Du Pont), Rosendale, N. Y.; United States Naval Station, Iona Island, N. Y. *New York, Chicago and St. Louis Railroad: Columbia Firecracker Company, Fostoria, Ohio. *New York, New Haven and Hartford Railroad: American Powder Mills, Maynard, Mass.; American Smokeless Powder Company, Maynard, Mass.; Ensign & Bickford Company, Simsbury, Conn.; Hazardville Plant (Du Pont), Hazardville, Conn. New York, Ontario and Western Railway: Consumers Plant (Du Pont), Peckville, Pa.; Nitro Powder Company, Kingston, N. Y.; Rushdale Plant (Du Pont), Jermyn, Pa. New York, Philadelphia and Norfolk Railroad. Norfolk and Southern Railroad. Norfolk and Western Railway: Nemours Plant (Du Pont), Nemours, W. Va.; Romaine & Co. (fireworks), Petersburg, Va. *Northern Pacific Railway: Maury Powder Company, Maury Island, Wash. Oregon Railroad and Navigation Company. Oregon Short Line Railroad. Pennsylvania Railroad: Carneys Point Plant (Du Pont), Carneys Point, N. J.; Eastern Dynamite Company, Emporium, Pa.; Electric Device Company, Sharon, Pa.; Emporium Plant (Du Pont), Emporium, Pa.; Emporium Powder Manufacturing Company, Emporium, Pa.; Fairchance Plant (Du Pont), Fairchance, Pa.; Frankford Arsenal, Frankford, Pa.; Joseph Scalina (fireworks), New Naples, N. J.; Keystone Powder Manufacturing Company, Emporium Pa.; McAbee Powder and Oil Company, Tunnelton, Pa.; Nuremburg Powder Company, Tomhicken, Pa.; Repauno Plant (Du Pont), Gibbstown, N. J.; Riker Plant (Du Pont) (shut down), Punxsutawney, Pa.; Rochester Fireworks Company, Rochester, N. Y.; Rockdale Powder Company, Hoffmannsville, Md.; Royal High Explosives Company, York, Pa.; Shamokin Powder Company, Shamokin, Pa.; Sinnemahoning Powder Company, Sinnemahoning, Pa.; Standard Powder Company, Horrell Station, Pa.; Star Electric Fuzė Company, Wilkes-Barre, Pa.; Wapwollopen Plant (Du Pont), Wapwollopen, Pa. Pennsylvania Lines (West): Etna Powder Company (fuse), Xenia, Ohio; A. L. Due Fireworks Company, Lockland, Ohio; American High Explosives Company, Coverts Station, Pa.; Austin Powder Company, Brooklyn, Ohio; Burton Powder Company, Coverts Station, Pa.; Great Western Powder Company, Toledo, Ohio; Hartford City Plant (high explosives) (Du Pont), Hartford City, Ind.; King Powder Company, Kings Mills, Ohio; Masurite Explosive Company, Masury, Ohio; Miami Powder Company, Goes, Ohio; Senior Powder Company, Morrow, Ohio; Youngstown Plant (Du Pont), Youngstown, Ohio. Peoria and Eastern Railway. * Pere Marquette System: Ajax Dynamite Company, Bay City, Mich.; Great Western Powder Company, Toledo, Ohio. Philadelphia and Reading Railway: Allentown Non-Freezing Company, Jordan Bridge, Pa.; Black Diamond Powder Company, Haucks Station, Pa.; Brandywine Plant (Du Pont), Montchanin, Del.; Carneys Point Plant (Du Pont), Carneys Point, N. J.; Connell Powder Company, Trevorton, Pa.; Cressona Powder Company, Cressona, Pa.; Economy Powder Company, Wyomissing, Pa.; Experimental Station (Du Pont), Newbridge, Del.; Ferndale Plant (Du Pont), Ringtown, Pa.; Frankford Arsenal, Frankford, Pa.; Lakeside Powder Company, East Mahanoy Junction, Pa.; Locust Mountain Powder and Dynamite Company, Krebs Station, Pa.; Lofty Powder Company, Lofty, Pa.; Pennsylvania Powder, Dynamite and Fuse Company, Brandonville, Pa.; Potts Powder Company, Reynolds, Pa.; Repauno Plant (Du Pont), Gibbstown, N. J.; Roberts Powder Company, Krebs, Pa.; Shamokin Powder Company, Shamokin, Pa.; Shenandoah Plant (Du Pont), Krebs Station, Pa.; Tamaqua Plant (Du Pont), Tamaqua, Pa. Pittsburg and Lake Erie Railroad: American High Explosives Company, New Castle, Pa.; Burton Powder Company, Quaker Falls, Pa.; Youngstown Plant (Du Pont), Youngstown, Ohio. Pittsburg, Lisbon and Western Railroad. |