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profitable to them. The plaintiff applied to purchase, but refused to refrain from handling the goods of the corporation's competitors, and sued it for damages caused by the refusal of the defendants to sell their commodities to him at prices which would make it profitable for him to buy them and sell them again.

It was held that such a restriction of their own trade by the defendants to those purchasers who declined to deal in the goods of their competitors was not violative of the antitrust law. The importance of the case is due to the learned discussion of the statute by Judge Shiras, his views having been subsequently approved by the Supreme Court. It is to be noted, however, that the decision gives no sanction to a combination or mutual agreement between dealers to restrict sales in the way they were thus restricted by the Continental Tobacco Co., acting alone.

WILLAMETTE IRON BRIDGE CO. v. HATCH (125 U. S., 1), quoted, page 49:

The case is merely one of several asserting the paramountcy of Federal control over navigable waters within the States with reference to bridges, etc., holding that Congress is not concluded by any structures previously erected pursuant to State authority.

WILLIAMS v. FEARS (179 U. S., 270), quoted, page 21:

This is one of the cases by which the line is drawn between transactions which belong to and those not belonging to interstate commerce. By a general revenue act of the State of Georgia, a specific tax was levied upon many occupations, including that of "emigrant agent," meaning a person engaged in hiring laborers to be employed beyond the limits of the State. It was held that the imposition of the tax fell within the distinction between interstate commerce, or an instrumentality thereof and the mere incidents which may attend the carrying on of such commerce; that these labor contracts were not in themselves subjects of traffic between the States, nor was the business of hiring laborers so immediately connected with interstate transportation or interstate traffic that it could correctly be said that those who followed it were engaged in interstate commerce. Therefore, as the tax on that occupation did not constitute a burden on interstate commerce, the statute was upheld.

WILSON v. SHAW (204 U. S., 24), quoted, page 156:

This case involved several questions of great national importance. The suit was evidently brought to test the validity of executive and legislative acts and proceedings culminating in the acquisition of territory for and the construction of the Panama Canal. Among other conclusions reached, it was held that Congress has power, under the commerce clause, to create interstate highways, including canals, and also those wholly within territory outside of State lines. And it was announced that the previous declarations of the court

upholding the power of Congress to construct interstate or territorial highways were not obiter dicta, and to announce a different doctrine would amount to overruling decisions on which rest a vast volume of rights and in reliance on which Congress has acted in many ways. WILSON v. UNITED STATES (221 U. S., 361), quoted, page 67:

This case is not essentially different from that of Hale v. Henkel supra, though it was decided additionally that the ad testificandum clause is not essential to the validity of a subpoena duces tecum ard that the production of papers by one having them under his control may be enforced independently of his testimony.

WISCONSIN v. DULUTH (U. S., 379), quoted, page 35:

This was a suit in equity to enjoin and stay the progress of improvements of an harbor of Lake Superior being made under authority of an act of Congress. The court held that where Congress had in the exercise of its lawful authority inaugurated such improvements it (the court) had no authority to prescribe the manner in which the work would be conducted, or to forbid its completion, or to require the undoing of that which had been done.

YICK WO v. HOPKINS (118 U. S., 356), quoted, page 64:

The decision was of personal rights under constitutional provisions other than the commerce clause.

GENERAL INDEX.

Antitrust act:

Quotations from cases arising under......

Looks not to effect upon prices, but to effect upon competition......
Reasonable construction of, excludes indirect, remote, and trivial
restraints....

Definitions of monopoly for purposes of construing..
Terms of, applicable to all forms of restraint...
Not in conflict with interstate-commerce act..

Page.

115-145

115

116

117

120, 121

Violated by combinations of railroad corporations..

Evil or ruinous consequences of enforcing, not to control courts.
Language of court construing "undue" or "unreasonable" into...
When intent important, and when not important, in cases under...
Defenses based on, in actions on contracts....

Remedies provided by, not extra-territorially enforceable..

Substantial relation must be shown to interstate commerce in cases under.
Agreement dividing territory for purposes of sales held within........
Not violated by agreement to be performed extra-territorially..
Association formed to impart secret information to its members held not to
violate......

121, 122

121-125

122-124

129-138

139, 140

147-151

152, 153

187

188

189

203, 204

Stockyards association held not combination violative of.
Combination reaching into single State, within terms of..
Violated by combinations in form of holding company..

232, 233

256

260-262

Combination of oil companies in form of holding company held within pro-
hibitions of.................

282

Violated by having common, purchasing, selling, and transporting agen-
cies....

283

Vast combination of tobacco dealers and manufacturers held to be within
prohibitions of........................

286-289

Combination between interstate railroads within prohibitions of... 293, 295-297
Combination in form of terminal association within prohibitions of...
Combination of workingmen held to be within prohibitions of..
Arbitrary power, Constitution leaves no room for play of.............

295

297

64

Brokerage contracts do not pertain to interstate commerce, but governed by
local law......

Carmack amendment to Hepburn Act, held constitutional.

Carrier may hire, when it does not own, facilities...

Cases used herein:

Adair v. United States (208 U. S., 161)..

Adams Express Co. v. Kentucky (214 U. S., 218) .

Addystone Pipe & Steel Co. v. United States (175 U. S., 211).

American Banana Co. v. United Fruit Co. (213 U. S., 347).
American Express Co. v. Iowa (196 U. S., 133).
American Express Co. v. United States (212 U. S., 522).
Anderson v. United States (171 U. S., 604).....

56097-12-20

17, 18, 20
198, 222
113

17, 19, 187
25, 188

13,

57, 82, 115, 116, 139, 188

152, 189

62, 189

114, 190

19, 190

305

Cases used herein-Continued.

Armour Packing Co. v. United States (209 U. S., 56).

Asbell v. Kansas (209 U. S., 251)........

Page.

77, 86, 109, 195

17, 42, 197

Atlantic Coast Line R. R. Co. v. Mazursky (216 U. S., 122).
Atlantic Coast Line v. Riverside Mills (219 U. S., 186)...
Baltimore & Ohio Railroad Co. v. Interstate Commerce Commission (221
U. S., 612).

198

86, 198

147, 199

Baltimore & Ohio R. R. Co. v. Pitcairn Coal Co., ex rel., United States

(215 U. S., 481)...

102, 199

Bement v. National Harrow Co. (186 U. S., 70)

140, 203

U. S., 236)..

Bowman v. Chicago & N. W. Ry. Co. (125 U. S., 465)..

Board of Trade of the City of Chicago v. Christie Grain & Stock Co. (198

203

25, 153, 176, 204

[blocks in formation]

Brown v. Maryland (12 Wheat., 419).

Buttfield v. Stranahan (192 U. S., 470)..

California v. Central Pac. R. R. Co. (127 U. S., 1)..
Cardwell v. American Bridge Co. (113 U. S., 205)..
Case of the State Freight Tax (15 Wall., 232)

Case of the State Tax on Gross Receipts (15 Wall., 284).
Central Ohio Salt Co. v. Guthrie (35 Ohio St., 666)..
Charles River Bridge v. Warren Bridge (11 Pet.)...

9, 15, 206
207

156, 157, 207

53, 207

24, 208

31, 208

128, 209

75, 117, 177, 209

Chattanooga Foundry & P. Works v. City of Atlanta (203 U. S., 390)...
Cherokee Nation v. Southern Kansas Ry. Co. (135 U. S., 641).
Chicago & N. W. Ry. Co. v. Dey (35 Fed. R. 866)..

168, 209

170, 209

172, 210

Chicago, Burlington & Quincy Railroad Co. v. M'Guire (219 U. S., 549)...
Chicago, Indianapolis & Louisville Ry. Co. v. United States (219 U. S.,
486)..

66, 210

25, 210

Chicago, Rock Island & Pacific Railway Co. v. Arkansas (219 U. S., 453)... 36, 210
Church of the Holy Trinity v. United States (143 U. S., 457). .

81, 211

Cincinnati, Portsmouth, Big Sandy & Pomeroy Packet Co. v. Bay (200
U. S., 179)......

Coe v. Errol (116 U. S., 517).

Connolly v. Union Sewer Pipe Co. (184 U. S., 540).

Continental Wall Paper Co. v. Louis Voight & Sons Co. (212 U. S.,
227).....

Cincinnati, N. O. & Texas Pac. Ry. Co. v. Interstate Commerce Commis-
sion (162 U. S., 184)..

211

151, 211
212

32, 151, 213

147, 148, 213

Cook v. State (26 Ind. App., 278).....

Cooley v. Wardens of the Port (12 How., 299).

Coppell v. Hall (7 Wal,., 542).

County of Mobile v. Kimball (102 U. S., 691)..

Covington, Etc., Bridge Co. v. Kentucky (154 U. S., 204).

Crutcher v. Kentucky (141 U. S., 47)..........

Davis v. C. C. C. & St. L. Ry. Co. (217 U. S., 157).

Debs, in re (158 U. S., 564).

Dozier v. Alabama (218 U. S., 124)...

Dr. Miles Medical Co. v. Parks & Sons Co. (220 U. S., 373).

Employers' Liability Cases (207 U. S., 463)..

Escanaba Co. v. Chicago (107 U. S., 678)..
Fargo v. Michigan (121 U. S., 230)..

174, 213
50, 51, 214

148, 214
12, 44, 214
52, 215

32, 37, 79, 152, 215

60, 215
12, 178, 215

12, 218

149, 219

171, 220

45, 176, 222

31, 222

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