A Treatise on the Law of Monopolies and Industrial Trusts: As Administered in England and in the United States of America

Front Cover
Central Law Journal Company, 1898 - Antitrust law - 760 pages
 

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Contents

Origin of the term
2
A wider significance
4
Early English monopolies
9
Statutory enactments
12
The doctrine modified
15
An historical review
17
305
24
Sustained by popular sentiment
27
The American doctrine
28
Stipulations against liability
29
The rule in New York
30
The adverse contention
31
For influencing the administration of justice
32
For changing the officers of corporations
33
Labor organizations
34
Popular sentiment and public policy
35
CHAPTER I
37
Page
38
Public policy defined
42
The effect of a change
47
Covenants inconsistent with morality
49
Services in influencing legislation
54
The ground of the rule
58
Where such services may be employed
62
Services in influencing public officials
64
For services in procuring appointments to public offices
68
The subject continued
71
For withdrawal of opposing candidates
72
For services in procuring a pardon
75
For services which are in violation of public duty
77
For services in opposing a public enterprise
80
The subject continued
82
Where a strike will be upheld
102
Where a lockout will be held lawful
103
Combination of employees
104
The boycott
105
The nature of the offense
106
Picketing
107
Blacklisting
108
CONTRACTS IN RESTRAINT OF TRADE
109
110 115
110
Introductory 37 The general rule
111
Interference with transportation of the mails
112
Contracts between employers and trades unions
113
Remedy by civil action
114
The rule in England
115
Partial distinguished from general restraint
116
Question of consideration 41 Limitations of time
123
The subject continued
126
Touching territorial limitations
128
The subject continned
135
Territorial limits determined
139
Validity of contracts in restraint of trade as affected by their reasonableness
142
Divisibility of illegal contracts
147
The subject continued 49 Limitations in conveyances 50 The subject continued
151
The grantee restrained by the terms of the conveyance 52 Contracts relating to trade secrets
160
Restraint of trade by patents
165
Wbere contracts relating to patents are not upheld 15 Restraint in the sale of a trademark
171
As applied to trades and other occupations
197
In its application to traveling salesmen
202
Constraint of trade construed as a limited partnership
204
CHAPTER IV
206
Contracts relating to a particular article
209
Contracts under which the grantor retains an interest in the business
210
Contracts for the sale of a good will
212
The subject continued
215
Further application of the rule
220
Agreement not to buy or sell
221
Contract to maintain prices
223
Statutory regulations
224
CHAPTER V
227
Conspiracy defined
228
The rule in England
231
Combination to monopolize a particular branch of busi ness
237
Combinations for regulating prices
242
Restraint in publication contract 142
243
Conspiracies under the federal antitrust act
246
Combination to prevent competition at a judicial sale
248
147
249
Combination to destroy competition
252
Conspiracy for severing the relation of a minister to his congregation
255
Indictment for conspiracy
256
Statutory regulations
259
CHAPTER VI
262
The corner defined
264
The nature of an option
267
151
297
322
322
153
333
157
337
159
359
lishing a ferry
360
Page 359
364
The subject continued
395
Power to impose a ferry license
398
For removal of garbage
400
Power to regulate public warehouses and warehousing 131
431
Effect of statutory regulations
435
Power to regulate the operations of telegraph companies
437
When subject to congressional control
440
160
442
Application of the rule to the telephone
444
Power to regulate in case of patented property
449
Application of the rule to the baking business
451
Application of the rule to the laundry business
453
Immunity from governmental control
456
A business juris publici distinguished from a business juris privati
458
CHAPTER X
464
Combinations for the purpose of suppressing competition
469
The subject continued
473
Purchase of competing lines
476
Lease of competing lines
480
Consolidation of parallel lines
485
The subject continued
490
The rule in case of traffic arrangement
492
Admission to depot grounds
495
General powers of railway corporations 199
499
165
503
Classification of industrial trusts
505
Legality of the trustclass first
507
The subject continued
513
The same subject
517
Tbe legality of the trust continuedclass second
525
The rule in England
532
Legality of the trust continuedclass third
536
The subject continued
539
174
543
The subject continued
546
Pooling by railroads
552
The pooling of stocks
558
The pooling of products
561
The subject continued
565
Monopoly under patents
568
The subject continued
572
The voting trust
576
The subject continued
580
The same subject
583
Rebates on freight bills
585
The subject continued
589
Combinations of insurance companies
591
Rights of parties under trust combinations
595
CHAPTER XIII
599
Introductory
600
The federal antitrust act
601
Alabama insurance act
603
Arkansas antitrust act
605
California cattle trust
606
Delaware life insurance law
608
Florida legislation relating to trusts and monopolies
609
Georgia antimonopoly act
611
Illinois act prohibiting pools trusts and combines
614
Indiana antitrust act
616
Iowa antipool and trust law
618
Kansas law prohibiting trusts
622
Kentucky law prohibiting pools trusts and conspiracies
626
Louisiana law for the probibition of trusts and combina tions in restraint of trade
628
Maine antitrust law
631
Michigan antitrust act
633
Minnesota law to probibit pools and trusts
635
Mississippi law probibiting trusts and combines
636
Missouri antitrust act
639
Montana statute against monopolies and trusts
646
Nebraska statute against trusts and conspiracies against trade and business
648
New Mexico law declaring trust combinations illegal
653
New York law to prevent monopolies
654
North Carolina law for the prohibition of trusts
657
North Dakota law declaring certain trusts and combina tions unlawful
659
Oklahoma law to prevent combinations in restraint of trade
660
South Carolina prohibition of trusts and combinations
662
South Dakota antitrust law
664
Tennessee law to prohibit conspiracies and trusts
666
Texas law for the suppression of trusts and the promo tion of true competition
670
Utab law prohibiting pools and trusts
674
Washington law forbidding trusts and monopolies
677
Wisconsin statute prohibiting trusts and combinations in restraint of trade
678
CHAPTER XIV
680
The subject continued
684
Ground of proceedings against monopolies and indus trial combinations
688
What courts have jurisdiction
691
Who may file an information
697
Pleadings and averments
701
Judgment under proceedings in quo warranto
705
Application of the rule to illegal combinations
708
Remedy by injunction
709
The subject continued
713
Punishment for contempt
714
Introductory
717
CHAPTER XVI
726
The rule as applied to attorneys 61 The rule as applied to dentists 62 Application of the rule to the profession of teaching 63 Restraint upon the servic...
742
183 185 187 190 193 194
747
Copyright

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Common terms and phrases

Popular passages

Page 416 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Page 727 - We do not say that there may not be other matters to be regarded in estimating the value of the property. What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience.
Page 604 - 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 42 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice.
Page 146 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 327 - It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working.
Page 715 - Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any Circuit Court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. Sec. 8. That the word "person
Page 681 - No person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpoena of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture.
Page 274 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 727 - ... the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration and are to be given such weight as may be just and right in each case.

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