State Control of Trade and Commerce by National Or State Authority |
From inside the book
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Page 2
... enforced , would have abolished the occupation of wholesale merchant or middleman , and would have virtually compelled every producer to be his own sales- man . Trade and commerce , as they exist to - day , and as they necessarily must ...
... enforced , would have abolished the occupation of wholesale merchant or middleman , and would have virtually compelled every producer to be his own sales- man . Trade and commerce , as they exist to - day , and as they necessarily must ...
Page 3
... enforce those old statutes . In time , by common consent , the statutes making such combinations criminal became obsolete . It was found by experience , that they could not be enforced , and that their mere existence , with occasional ...
... enforce those old statutes . In time , by common consent , the statutes making such combinations criminal became obsolete . It was found by experience , that they could not be enforced , and that their mere existence , with occasional ...
Page 14
... enforcing those rights and obligations . This was logical and consistent . Evidently , statutes which fix the rates of wages to be paid by the employer ought also to provide proper legal process to enable him to procure employees at ...
... enforcing those rights and obligations . This was logical and consistent . Evidently , statutes which fix the rates of wages to be paid by the employer ought also to provide proper legal process to enable him to procure employees at ...
Page 35
... enforce the statute 5 Eliz . c . 4 , began with an admission of the in- efficiency of that statute in the following words : " And whereas the said act hath not , according to the true meaning thereof , been duly put in execution ...
... enforce the statute 5 Eliz . c . 4 , began with an admission of the in- efficiency of that statute in the following words : " And whereas the said act hath not , according to the true meaning thereof , been duly put in execution ...
Page 46
... enforcing it . Even as to combinations to raise prices of labor , it practically never formed part of the living body of the English law . Only one conviction , so far as my reading has been able to discover , was ever had under it on a ...
... enforcing it . Even as to combinations to raise prices of labor , it practically never formed part of the living body of the English law . Only one conviction , so far as my reading has been able to discover , was ever had under it on a ...
Other editions - View all
State Control of Trade and Commerce by National Or State Authority Albert Stickney No preview available - 1997 |
Common terms and phrases
action aforesaid agree agreement American law artificers attempts authority bination buyer capital classes cloths combinations to raise common carriers common law companies compel conspire constitutes a crime contract course of trade Court criminal damage decision defendants Diamond Match Co duty eminent domain employments enacted enforced England English law engrossing exercise forestalling freights grain hath illegal indictable offence indictment interest interfere Interstate Commerce Act justices justices of peace King legal injury legal right legislation legislature Lord manner ment monopoly object opinion ordinance owners parties combining person plaintiffs prevent competition protection punishable purpose question quinzime railroad raise prices raise the prices rates reasonable regrating regulate repealed restraint of trade selectmen sell seller servants Statute of Labourers statutes thereof thing tion town corporate trade and commerce Trans-Missouri Freight Association victuals violation void wages workmen wrong York
Popular passages
Page 171 - America in congress assembled, that the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management or arrangement, for a continuous carriage or shipment...
Page 192 - SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the attorney-general, to institute proceedings in equity to prevent and restrain such violations.
Page 192 - Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises.
Page 84 - In countries where the common law prevails, it has been customary from time immemorial for the legislature to declare what shall be a reasonable compensation under such circumstances, or, perhaps more properly speaking, to fix a maximum, beyond which any charge made would be unreasonable. Undoubtedly in mere private contracts, relating to matters in which the public has no interest, what is reasonable must be ascertained judicially.
Page 171 - All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
Page 127 - ... the duties must be reasonable and moderate, though settled by the king's license or charter. For now the wharf and crane and other conveniences are affected with a public interest, and they cease to be juris privati only; as if a man set out a street in new building on his own land, it is now no longer bare private interest, but is affected by a public interest.
Page 176 - Nevertheless it does not follow that an attempt to monopolize, or the actual monopoly of, the manufacture was an attempt, whether executory or consummated, to monopolize commerce, even though, in order to dispose of the product, the instrumentality of commerce was necessarily invoked.
Page 151 - SECTION 1. The Legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California...
Page 139 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Page 153 - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.