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"I arrive at the conclusion, therefore, that the objects sought and the means used by the defendants did not exceed the limits of allowable trade competition, and I know of no restriction imposed by law on competition by one trader with another, with the sole object of benefiting himself.

“I consider that a different case would have arisen if the evidence had shown that the object of the defendants was a malicious one, namely, to injure the plaintiffs whether they, the defendants, should be benefited or not. This is a question on which it is unnecessary to express an opinion, as it appears to be clear that the defendants had no malicious or sinister intent as against the plaintiffs, and that the sole motive of their conduct was to secure certain advantages for themselves.

" It only remains for me to refer to the argument that an act which might be lawful for one to do becomes criminal or the subject of civil action by any. one injured by it, if done by several combining together. On this point I think the law is accurately stated by Sir William Erle, in his treatise on the law relating to trades unions. The principle he lays down is equally applicable to combinations other than those of trades unions. He says (p. 23):

“As to combination, each person has a right to choose whether he will labor or not, and also to choose the terms on which he will consent to labor, if labor be his choice. The power of choice in respect of labor and terms which one person may exercise and declare singly, many, after consultation, may exercise jointly, and they may make a simultaneous declaration of their choice and may lawfully act thereon for the immediate purpose of obtaining the required terms, but they can not create any mutual obligation having the legal effect of binding each other not to work or not to employ unless upon terms allowed by the combination.'

“ In considering the question, however, of what was the motive of the combination, whether it was for the purpose of injuring others, and merely in order to benefit those combining, the fact of several agreeing to a common course of action may be important. There are some forms of injuries which can only be effected by the combination of many. Thus, if several persons agree not to deal at all with a particular individual, as this could not, under ordinary cir. cumstances, benefit the persons so agreeing, it might well lead to the conclusion that their real object was to injure the individual. But it appears to me that, in the present case, there is nothing indicating an intention to injure the plaintiffs, except in so far as such injury would be the result of the defendants obtaining for themselves the benefits of the carrying trade by giving better terms to customers than their rivals, the plaintiffs, were willing to offer.

For these reasons I think that the judgment of the court of appeals should be affirmed."

Order of Lord Coleridge, C. J., and order of the court of appeals affirmed and appeal dismissed with costs. (Lords' journals, 18th December, 1891.)

Solicitors for appellants: Gellatly & Warton.
Solicitors for respondents: Freshfields & Williams.

The committee thereupon went into executive session, and after the consideration of matters in executive session, adjourned until Monday, February 12, 1912, at 10.30 o'clock a. m.

29657-VOL 2-12- -08

INDEX.

Abbott, Dr. Lyman, New York:

Page
Federal bureau, favors.

1720
Holding companies, not taxable.

1715
Prices, opposed to fixing of.....,

1717
Sherman law, opposed to amendment of.

1716
Statement of..

1702
A B C of the Sherman law, Everybody's Magazine, January, 1912.

1953
Adair, Charles R., Charleston, Ill.:
Monopoly, meaning of...

1808
Rex v. Rusby (Peake's Add. N.P.C., 189), part of charge to jury.

1807
Statement of...

1806
Addyston pipe case (175 U.S., 211).

779, 969, 1574, 1822
Aldrich, Hon. Nelson G., plan of..

608
American democracy and corporate reform, by Robert R. Reed, in Atlantic
Monthly, January, 1909..

2289
American Federation of Labor:
Boycotted firms....

2000
Brief in Hatters' case.....

2084
Composition of...

1981
Extracts from report of proceedings of.

2046
McNamara fund circular.

1982
Miller case (Goverment Printing Office).

1988
Petition of (Loewe v. Lawlor)...

1984, 2083
Report of committee on boycotts..

2085
See statements oi-
Davenport, Daniel.

1799
Emery, James A..

2072
Furuseth, Andrew.

1867
Gompers, Samuel.

1727
Spelling, T. C.....

1813
We-don't-patronize lists.

2034
Work of organizers..

2016
American-Hawaiian Steamship Co., letters to Senator Clapp.

497, 498
American Mining Congress..

2372
American Steel & Wire Co..

724
American Tobacco Co., petition of Antitrust League..

145
Argument in support of brief...

340
Brief and objections of independent companies.

315
Decree in case of United States against...

290
Decree, reference to....

1215
Dissenting opinion of Judge Harlan.

691
Number of firms absorbed by.

1203
Profits....

1157
Reference to...

1542, 1558
Request for leave to file objections..

356
United States v. American Tobacco Co., opinion of United States Supreme
Court...

672
Antitrust League, petition of..

145
Atlantic & Pacific Transport Co.:
Certificate of incorporation of.

248
Stock of....

245
Baker, Bernard N., Baltimore, Md.:
Atlantic & Pacific Transport Co.-
Certificate of incorporation of.

248
Stock of.......

245
Extracts from Postmaster General's “Instructions to bidders"

247

INDEX.

Abbott, Dr. Lyman, New York:

Page
Federal bureau, favors....

1720
Holding companies, not taxable.

1715
Prices, opposed to fixing of..

1717
Sherman law, opposed to amendment of.

1716
Statement of..

1702
A B C of the Sherman law, Everybody's Magazine, January, 1912.

1953
Adair, Charles R., Charleston, Ill.:
Monopoly, meaning of....

1808
Rex v. Rusby (Peake's Add. N.P.C., 189), part of charge to jury.

1807
Statement of..

1806
Addyston pipe case (175 U. S., 211)..

779,969, 1574, 1822
Aldrich, Hon. Nelson G., plan of..

608
American democracy and corporate reform, by Robert R. Reed, in Atlantic
Monthly, January, 1909..

2289
American Federation of Labor:
Boycotted firms.

2000
Brief in Hatters' case.

2084
Composition of..

1981
Extracts from report of proceedings of.

2046
McNamara fund circular.

1982
Miller case (Government Printing Office).

1988
Petition of (Loewe v. Lawlor)...

1984, 2083
Report of committee on boycotts.

2085
See statements of -
Davenport, Daniel.

1799
Emery, James A.

2072
Furuseth, Andrew.

1867
Gompers, Samuel..

1727
Spelling, T. C......

1813
We-don't-patronize lists.

2034
Work of organizers..

2016
American-Hawaiian Steamship Co., letters to Senator Clapp.

497, 498
American Mining Congress.

2372
American Steel & Wire Co..

724
American Tobacco Co., petition of Antitrust League..

145
Argument in support of brief..

340
Brief and objections of independent companies.

315
Decree in case of United States against..

290
Decree, reference to...

1215
Dissenting opinion of Judge Harlan.

691
Number of firms absorbed by.

1203
Profits..

1157
Reference to..

1542, 1558
Request for leave to file objections..

356
United States v. American Tobacco Co., opinion of United States Supreme
Court..

672
Antitrust League, petition of..

145
Atlantic & Pacific Transport Co.:
Certificate of incorporation of.

248
Stock of.....

245
Baker, Bernard N., Baltimore, Md.:
Atlantic & Pacific Transport Co.-
Certificate of incorporation of..

248
Stock of...

245
Extracts from Postmaster General's “Instructions to bidders".

247

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