References are to sections. Vol. I, §§ 1-656; Vol. II, §§ 657-1230. contracts in restraint of trade between employer and employee, 774– contracts with unions which are illegal, 533. employees may combine and strike to compel discharge of other em- fines, statute prohibiting imposition of, unconstitutional, 663. intimidation of, statute of Illinois, 936. presumption that employers and employees are qualified for duties, requiring letters of recommendation, 578. See BLACKLISTING. right of, to discriminate against certain premises, 569. right of, to divert trade of employees. 568. under no duty to give employee "clearance" card, 578. boiler-makers, combination of, illegal, 412. cases and authorities affecting combinations of labor, 404-414. combination of employees to coerce employer, illegal, 411. combinations of labor in, 385-414. combination of labor to compel discharge of employee, 409. combination to strike and picket (1847), illegal, 408. contracts in restraint of trade, law of, broader, 729. See RESTRAINT development of law concerning combinations of labor, 385-414 early statutes affecting combinations of labor, 386–392. employees of gas companies, combination of, illegal, 414. modern English rule concerning contracts in restraint of trade, 713- monopolies in, 1-35. See MONOPOLY. Mogul Steamship Company case, 249–266. power of parliament over corporation, p. 664, n. 1. progress of law toward freedom for labor, 403. quo warranto, see QUO WARRANTO. ship-builders, combination of, illegal, 412. shoemakers, combination of, legal, 413. trade unions with legal and illegal objects, 412. ENGROSSING (see REGRATING). ENTICING AWAY SERVANT, 526. ENVELOPE MANUFACTURERS- EPITHETS- use of in describing corporate combinations, 621. of past generations regarding freedom of trade and contract, 37, 38. References are to sections. Vol. I, §§ 1-656; Vol. II, §§ 657-1230. ESTOPPEL- as affecting quo warranto proceedings, 1141-1145. EVIDENCE (see JUDICIAL NOTICE; PRESUMPTIONS) — as to intention of parties to gambling contracts, 163–165. gambling contracts affirmatively show intention to gamble, 162, n. 1. of ability of parties to fulfill gambling contracts, 163–165. of agreement to form illegal corporation, 648. of motives, 499. See MOTIVES. of personal feeling or disposition of defendant, 499. perjury, premium upon any action upon gambling contract, 165. picketing, unlawful character of, 539. See PICKETING. presumption that transactions legal not overcome by party testifying showing organization of illegal combination, 647, 648. to sustain application for injunction, 1061. when party may testify as to his intention to settle on differences, 164, EVOLUTION (see ECONOMIC) — contracts in restraint of trade, American law a development of Eng- development of corporators' views concerning, 651. development of law concerning combination of labor in England, 385- 414. development of law concerning contracts in restraint of trade, 691-701. law of, in commercial and industrial world, 210. of American law concerning combination of labor, 416-444. of a simple combination of capital, 584. See SIMPLE COMBINATION. of corporate combinations, 617-619. See CORPORATE COMBINATION. of the trust form of combination, 606. See TRUSTS. progress of American law as to contracts in restraint of trade, 731. See RESTRAINT OF TRADE. progress of law in England in favor of labor, 403. EXCHANGE (see STOCK EXCHANGE). EXCLUSIVE AGENCIES- Texas anti-trust act and contracts for, 996. EXCLUSIVE SALE - contract for, to create a monopoly, illegal, 588. contract giving, legal, 234, 588. EXECUTORY CONTRACTS, 111. See also CONTRACTS; GAMBLING CON- TRACT. purchase in good faith for future delivery is binding, 114. sale, when valid, 106–109. EXECUTORY CONTRACTS FOR SALE OF GOODS, 97, n. 2, 99–102. under federal anti-trust act, 851, References are to sections. Vol. I, §§ 1-656; Vol. II. §§ 657–1230. EXTORTION (see also COERCION; COMBINATIONS OF CAPITAL, ILLEGAL; money paid as the result of, may be recovered back, 440, 441. F. FALSE TESTIMONY (see PERJURY). FEDERAL ANTI-TRUST LAW, 796-892. a combination to control the disposition of a product is distinct from action against voluntary association, who should be made party de- action at law is the remedy for private party, 868-873. action at law to recover damages, 876–878. action to recover, elements essential to sustain, 876–878. agreement illegal on its face, 848. analyzed, 806, 807. Anderson v. United States, 861, 862. and interstate commerce act, 814. applied to railway strike of 1894, 453-457. associations for advancement of business, right to form, 863. a state not within the act, 812. cast-iron pipe manufacturers, simple combination of, illegal, 824–826. coal dealers, combination of, 828, 829. combination of dealers in tiles and mantels, illegal, 830. combination of dealers, when contrary to, 827–830. combination of live-stock and commission men, 852-862. combination of manufacturers to control interstate commerce, 824-826. construction of the act, 817. contracts embraced within the act, 808-810. contracts in restraint of trade collateral to legal contracts, 810. See contracts of railways which are not contrary to act, 849, 850. corporate combinations, general propositions affecting, 823. decisions construing, 816–862. defense that plaintiff is an illegal combination, 879–881. dissolution of combination, effect of, 864-866. distinction between aids and facilities to commerce and commerce, distinction between main contracts and contracts ancillary thereto, distinction between main objects of contracts and incidental objects distinction between manufacture and commerce, 819-823, 826. References are to sections. Vol. I, §§ 1-656; Vol. II, §§ 657–1230. FEDERAL ANTI-TRUST LAW (continued) - - distinctive use of terms "trade" and "commerce," 799. division in the courts regarding applicability to railroad, 835. injunction issued applies only to the interstate commerce of the com- injunction without notice, 874. See INJUNCTION. intent of parties to agreement, when immaterial, 848, 883. See INTENT. Joint Traffic Association case, 845-848. literal effect cannot be given to provisions of the act, 807. meanings of "trade" and "commerce," 799. no common-law offenses against the United States, 885, 886. object of the statutes, 813. parties to actions, 882. penalties, 884. practically no distinction between Joint Traffic Association and Trans- Missouri Freight Association, 846-848. private party cannot file bill in equity, 868. railways, combination of, illegal, 831-850. remedies, 867-892. remedies at law, 867, 876, 878. remedies in court of equity, 867-875. See COURT OF EQUITY. restraint of interstate commerce by a combination, 825. scope of the act, 844. statutes of limitation, 892a. sugar refineries, corporate combination of, 818-823. title of act, 796-798. Trans-Missouri Freight Association case, 836-844. "unlawful restraints and monopolies " covered, 800-805. watch-case manufacturers, combination of, not contrary to, 826. what amounts to restraint of interstate commerce, 825. whether combination restrains interstate commerce a question of fact, FEDERAL CONSTITUTION (see also CONSTITUTIONAL LAW) — FEMALES (see also CONSTITUTIONAL LAW) — acts affecting employment of, unconstitutional, 672. FICTITIOUS CONTROVERSIES - courts will not decide, 1147. FINES- References are to sections. Vol. I, §§ 1-656; Vol. II, §§ 657-1230. imposed by combination may be recovered back, 441. law affecting labor, 926. law against blacklisting, 927. law applying to sale of meat, 925. FORM- any form of combination may be a conspiracy, 296. FORESTALLING, REGRATING AND ENGROSSING (see REGRATING) – FRANCHISES (see also CHARTER; CORPORATION; QUO WARRANTO) — a grant by the state to individuals, 1106. conditions upon which granted, 607. corporate, definition of, 1104. distinction between, and licenses, 1110. distinction between franchise rights and powers of a corporation, every grant construed in favor of the public, 794. exemption from taxation, is not, 1109. is property, but ordinarily may not be sold or transferred, 1107. parties competing for public franchise may combine, 244. right to be a corporation, 1108. right to lay gas pipes in streets is a franchise, 20. right to regulate exercise of, 21. subject to forfeiture for acts contrary to statute or common law, 607. FRAUD (see INTENT; MALICE; MOTIVE) — and the malicious oppression of others, illegal, 284–287. conspiracy to defraud is indictable, 437. damage by, 262. definition of, 63. fraudulent and secret agreement to prevent competition, 233, 589. FREEDOM OF CONTRACT (see also CONSTITUTIONAL LAW; CONTRACTS)— decisions upholding, 658, 660–673. interference with, by state anti-trust laws, 904-907. not absolute, 674. parties given the widest latitude, 238. rights of corporations to purchase plants, 619–623. |