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PREFACE.

This work is an outgrowth of my "Commentaries on the Law of Trusts and Trustees." It was my original intention to write two or three chapters for that work on the subjects discussed in this volume. But the discussion of the law of trusts and trustees assumed such proportions, extending so far beyond the prescribed limits, that it was found altogether impracticable to include in that work even a satisfactory outline of the law of monopolies and industrial trusts.

In offering this treatise to the profession, I flatter myself that there is no call for an apology. To a great extent the law relating to the subjects here treated is either quite new, or of comparatively recent origin. A short time only has elapsed since the decisions of the English courts, which now constitute the law for the British Empire, were rendered, and the most important decisions of the Supreme Court of the United States relating to monopolies and industrial trusts, have been handed down during the past few months. Most of the statutes also of the States of this country have been enacted during a comparatively recent period, and some of them have become law since the writing of this volume had its beginning. In view of these facts, it is not remarkable that no adequate discussion of this subject has heretofore appeared. The only extant treatise relating, even in a general sense, to the subjects here discussed, contains about one-third of the matter of this volume, and it was published before the recent English and American decisions which constitute the law of the

present. So far as relates either to the decisions of the courts, or to the statutes of the Federal and State legislatures, this work will be found up to date. It is believed that the chapter devoted to Anti-Trust Legislation will be found of special value.

In the preparation of this work, as of its predecessor, I have had the assistance of Edward Franklin White, Esq., of the Indianapolis bar. In the main, the notes are the product of his labor. For this service Mr. White has qualifications of a high order, and the evidence of his conscientious industry appears on every page. The busy lawyer will find the legal and equitable principles expounded in the text very amply sustained, and very fully and pertinently illustrated by his copious and well chosen notes.

CHARLES FISK BEACH, SR.

Indianapolis, Ind., June 8th, 1898.

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