State Control of Trade and Commerce by National Or State Authority |
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Page v
... questions involved . 179-193 Whether any public damage from contracts to prevent competition . The answer from experience . The best regulation of prices . Groundlessness of fears of " trusts . " " " The increased concentration of ...
... questions involved . 179-193 Whether any public damage from contracts to prevent competition . The answer from experience . The best regulation of prices . Groundlessness of fears of " trusts . " " " The increased concentration of ...
Page 1
... questions involved , by a short review of the history of the English and American law relating to state control of trade and commerce . Careful investigation will show , that the recent statutes under which the decisions allud- ed to ...
... questions involved , by a short review of the history of the English and American law relating to state control of trade and commerce . Careful investigation will show , that the recent statutes under which the decisions allud- ed to ...
Page 9
... question . The intention , as evidenced by the later statutes , was to repeal all . But many of the ancient statutes creating those restrictions remained un- repealed until a very recent date . In order to get an adequate idea of the ...
... question . The intention , as evidenced by the later statutes , was to repeal all . But many of the ancient statutes creating those restrictions remained un- repealed until a very recent date . In order to get an adequate idea of the ...
Page 54
... question of conspiracy did not arise ; but they were Icited to shew what cases of interference with what sort of con- tracts had been held actionable by the courts at the suit of one individual against another . Now all these cases bind ...
... question of conspiracy did not arise ; but they were Icited to shew what cases of interference with what sort of con- tracts had been held actionable by the courts at the suit of one individual against another . Now all these cases bind ...
Page 55
... question comes at last to this , what was the character of these acts , and what was the motive of the defendants in doing them ? The defendants are traders with enormous sums of money embarked in their adventures , and naturally and ...
... question comes at last to this , what was the character of these acts , and what was the motive of the defendants in doing them ? The defendants are traders with enormous sums of money embarked in their adventures , and naturally and ...
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 agreement American law artificers attempt authority bination buyer charged classes combinations to raise common carriers common law companies compel conspire constitutes a crime contract criminal damage decision defendants Diamond Match Co duty E. C. Knight Company eminent domain employments enacted enforced England English law engrossing exercise forestalling freight grain illegal indictable offence indictment individual Interstate Commerce Act journeyman justices justices of peace labor legal injury legal right legislation legislature Lord ment merchandise monopoly object Offences against Public opinion owners parties combining person plaintiffs prevent competition private wrong protection provisions public highways Public Trade punishable purpose question raise or maintain raise prices raise the price raising of prices rates reasonable refuse regrating regulate repealed restraint of trade selectmen sell seller servants thereof tion town trade and commerce trade or commerce Trans-Missouri Freight Association unlawful victuals violation void wages workmen York
Popular passages
Page 173 - 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 194 - 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 194 - 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 86 - 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 173 - 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 129 - ... 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 178 - 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 153 - 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 141 - 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 155 - 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.