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A Treatise on the Law of Monopolies and Industrial Trusts, As Administered ...
Charles Fisk Beach
No preview available - 2015
action agent agree agreement appears apply association authority Bank carrier carry charge charter combination commerce common competition consideration considered conspiracy constitution contract corporation court covenant create defendant duty effect employ enforced engaged entered established exclusive exercise existence fact follows franchise give grant ground held illegal individual injury interest Iowa Justice legislative legislature limited manufacture Mass means ment monopoly N. W. Rep nature necessary object Ohio operate opinion particular parties person plaintiff prevent principle privilege production protection provisions public policy purchase question railroad Railway rates reasonable received references regard regulate relating restraint of trade restriction road rule sell statute tion trust Union United unlawful valid violation void
Page 679 - No person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpoena of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture.
Page 602 - 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.
Page 40 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice.
Page 144 - We do not see how a better test can be applied to the question whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 413 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Page 325 - It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working.
Page 713 - Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any Circuit Court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. Sec. 8. That the word "person
Page 639 - ... the price or premium to be paid for insuring property against loss or damage by fire...
Page 325 - Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority — 1. Uses violence to or intimidates such other person or his wife or children, or injures his property; or 2.
Page 272 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...