Corporations and the StateD. Appleton, 1911 - 248ÆäÀÌÁö |
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... commerce upon states , 63-64 ; Three plans of federal control proposed , 64 ; Fed- eral control does not mean effacement of state lines , 65 ; Federal licensing versus federal incorporation , 66-67 ; National incorporation of railways ...
... commerce upon states , 63-64 ; Three plans of federal control proposed , 64 ; Fed- eral control does not mean effacement of state lines , 65 ; Federal licensing versus federal incorporation , 66-67 ; National incorporation of railways ...
10 ÆäÀÌÁö
... commerce . Then it was also necessary to maintain order among the people . To do this , the company had the right to make peace and war , to make treaties , to maintain a police force and even armies . Whenever any ex- tortion or ...
... commerce . Then it was also necessary to maintain order among the people . To do this , the company had the right to make peace and war , to make treaties , to maintain a police force and even armies . Whenever any ex- tortion or ...
12 ÆäÀÌÁö
... commerce and industry upon the state did not arise from the necessity of pro- tection against foreign enemies alone . The estab- lishment of domestic order and the administration of justice were necessary as well . Commercial as ...
... commerce and industry upon the state did not arise from the necessity of pro- tection against foreign enemies alone . The estab- lishment of domestic order and the administration of justice were necessary as well . Commercial as ...
13 ÆäÀÌÁö
... commerce would , in his judg- ment , be conducted at a loss by the joint - stock com- pany without a monopoly . Mr. J. R. McCulloch , in his very valuable " Dic- tionary of Commerce , " published in 1832 , reiterates the views of Adam ...
... commerce would , in his judg- ment , be conducted at a loss by the joint - stock com- pany without a monopoly . Mr. J. R. McCulloch , in his very valuable " Dic- tionary of Commerce , " published in 1832 , reiterates the views of Adam ...
16 ÆäÀÌÁö
... commerce . Tyrean boats probably went around the Cape of Good Hope , fif- teen hundred years before the Christian era . In Greece there doubtless existed partnerships and associations , but the idea of an association or cor- poration as ...
... commerce . Tyrean boats probably went around the Cape of Good Hope , fif- teen hundred years before the Christian era . In Greece there doubtless existed partnerships and associations , but the idea of an association or cor- poration as ...
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agreement American Tobacco American Tobacco Co American Tobacco Company amount antitrust act antitrust law applied arguments Asso Bank of England Bank of France bination bonds branch capital cent Circuit Court common law competition competitors conclusion Congress construction contract or combination contracts in restraint corporations decided decisions deemed deposits directors dividends effect embraced enforced England exist form of trust freight association individual industrial intended interpretation interstate commerce issued Joint Traffic Joint Traffic Association judicial legislation language ment merce methods monopoly national banks natural monopolies nature obiter dicta operations opinion organization porations present privilege profits prohibitions public policy purpose question railroad railway regulation resort restraint of trade result rule of reason secured Sherman Law Standard Oil statute stockholders straint Supreme Court tion trade or commerce Trans-Missouri Freight trust or otherwise undue United unreasonable restraint violation
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225 ÆäÀÌÁö - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor...
226 ÆäÀÌÁö - 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.
227 ÆäÀÌÁö - Whenever it shall appear to the court before which any proceeding under section 4 of this Act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof.
160 ÆäÀÌÁö - restraint of trade" at common law and in the law of this country at the time of the adoption of the Anti-trust Act only embraced acts or contracts or agreements or combinations which operated to the prejudice of the public interests by unduly restricting competition or unduly obstructing the due course of trade...
184 ÆäÀÌÁö - Thus not specifying, but indubitably contemplating and requiring a standard, it follows that it was intended that the standard of reason which had been applied at the common law and in this country in dealing with subjects of the character embraced by the statute was intended to be the measure used for the purpose of determining whether, in a given case, a particular act had or had not brought about the wrong against which the statute provided.
211 ÆäÀÌÁö - Every contract or combination in the form -of trust, or otherwise in restraint of trade or commerce among the several States or with foreign nations, is hereby declared to be illegal.
226 ÆäÀÌÁö - General, to institute proceedings in equity to prevent and restrain such violations. 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...
185 ÆäÀÌÁö - ... to make the prohibitions of the act all the more complete and perfect by embracing all attempts to reach the end prohibited by the first section, that is, restraints of trade, by any attempt to monopolize, or monopolization thereof, even although the acts by which such results are attempted to be brought about or are brought about be not embraced within the general enumeration of the first section.
122 ÆäÀÌÁö - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services, which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.
187 ÆäÀÌÁö - ... destructive of all right to contract or agree or combine in any respect whatever as to subjects embraced in interstate trade or commerce, or if this conclusion were not reached, then the contention would require it to be held that as the statute did not define the things to which it related and excluded resort to the only means by which the acts to which it relates could be ascertained — the light of reason — the enforcement of the statute was impossible because of its uncertainty.