Corporations and the StateD. Appleton, 1911 - 248ÆäÀÌÁö |
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... Conclusions , 175-177 . APPENDIX A EXTRACTS FROM THE OPINIONS OF CHIEF JUSTICE WHITE IN THE STANDARD OIL AND AMERICAN TOBACCO CASES WITH REFERENCE TO THE CONSTRUCTION OF THE ANTITRUST ACT • PAGE • . 181 APPENDIX B DISSENTING OPINION OF ...
... Conclusions , 175-177 . APPENDIX A EXTRACTS FROM THE OPINIONS OF CHIEF JUSTICE WHITE IN THE STANDARD OIL AND AMERICAN TOBACCO CASES WITH REFERENCE TO THE CONSTRUCTION OF THE ANTITRUST ACT • PAGE • . 181 APPENDIX B DISSENTING OPINION OF ...
96 ÆäÀÌÁö
... conclusion , that the most natural foundation upon which to base currency issues is the assets of banking institu- tions , but that privilege , if it is granted , must be safeguarded with the utmost care . This country has already seen ...
... conclusion , that the most natural foundation upon which to base currency issues is the assets of banking institu- tions , but that privilege , if it is granted , must be safeguarded with the utmost care . This country has already seen ...
100 ÆäÀÌÁö
... conclusion that we have reached a new era in the relation between the corporations and the state . The principle stated by Adam Smith , and adopted by the so - called classical school of political econo- mists , was that the best method ...
... conclusion that we have reached a new era in the relation between the corporations and the state . The principle stated by Adam Smith , and adopted by the so - called classical school of political econo- mists , was that the best method ...
151 ÆäÀÌÁö
... conclusion to be derived from these facts is that the plan of federal incorporation affords the best solution for the control of railways and other corporations doing an interstate busi- ness . Such corporations should receive charters ...
... conclusion to be derived from these facts is that the plan of federal incorporation affords the best solution for the control of railways and other corporations doing an interstate busi- ness . Such corporations should receive charters ...
153 ÆäÀÌÁö
... conclusion it is hoped that the suggestions contained in these chapters may awaken some in- terest in the relation of the corporation to the state , for this subject not merely concerns the making of cloth , or of iron , or the ...
... conclusion it is hoped that the suggestions contained in these chapters may awaken some in- terest in the relation of the corporation to the state , for this subject not merely concerns the making of cloth , or of iron , or the ...
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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.