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COMBINATIONS

EMBRACING

MONOPOLIES, TRUSTS, AND COMBINATIONS OF
LABOR AND CAPITAL; CONSPIRACY, AND
CONTRACTS IN RESTRAINT OF TRADE

TOGETHER WITH

FEDERAL AND STATE ANTI-TRUST LEGISLATION

AND THE

INCORPORATION LAWS OF NEW JERSEY,
WEST VIRGINIA AND DELAWARE

BY

ARTHUR J. EDDY

OF THE CHICAGO BAR

VOLUME I

CHICAGO

CALLAGHAN AND COMPANY
1901

LIBRARY OF THE
LELAND STANFORD JR. UNIVERSITY.

A52223

COPYRIGHT, 1901,

BY

CALLAGHAN AND COMPANY.

M 9. 1901

STATE JOURNAL PRINTING COMPANY,
PRINTERS AND STEREOTYPERS,

MADISON, WIS.

TO HON. SAMUEL E. WILLIAMSON,

General Counsel New York Central & Hudson River Railroad. My Dear Judge:

Without committing you to any of the ordinary or extraordinary notions herein contained, permit me to inscribe this book to you in recog nition of your devotion and loyalty to the profession you so highly honor, and as a mark of personal esteem and friendship.

ARTHUR JEROME EDDY,

The Temple, November 5, 1900.

PREFATORY NOTE

This work is the outgrowth of many disappointments at not finding readily at hand, in convenient form, the cases and authorities bearing upon combinations. What was at first intended to be a quick but exhaustive compilation of authorities for personal use has become two volumes of case, comment and theory. It is needless to say if the book were rewritten it could be condensed and improved, though possibly the process of condensation might eliminate matter most useful to the busy lawyer.

The development of large combinations has been so rapid within the past few years that courts and legislatures have intervened to curb what seemed to them a dangerous tendency. The result is a heterogeneous mass of diverse laws and conflicting decisions which defy reduction. It is therefore necessary to give these laws and decisions somewhat in detail so their scope and bearing may be fully appreciated. The effort has been made to give all the law in such form as to obviate the necessity of constant reference to original sources. If this attempt seems to have unduly extended the work, it is because neither laws nor decisions can be adequately covered by general propositions.

Where combinations embrace corporations of and properties situated in different states it is essential to know the laws and decisions of such states, and also the bearing, if any, of the federal act and federal cases. To furnish this information in convenient form is one of the objects of this book; at the same time an attempt has been made to develop underlying principles and formulate so far as possible general

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