Amendment of Sherman Antitrust Law: Hearings ... [April 23-May 16, 1908] on the Bill (S. 6331) to Legalize Contracts and Agreements Not in Unreasonable Restraint of Trade Or Commerce, and the Bill (S. 6440) to Regulate Commerce Among the Several States Or with Foreign Nations, and to Amend the Act Approved July 2, 1890, Entitled, "An Act to Protect Trade and Commerce Against Unlawful Restraints and Monopolies."
U.S. Government Printing Office, 1908 - 279 páginas
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action agreement amendment American amount antitrust appear applied approved association authority bill boycott called capital carrying charge combination Commission Commissioner committee common law competition Congress consideration constitutional contract corporation course DAVENPORT decision defendants determine directors effect employers executive existing fact Federation of Labor filed give given GOMPERS Government held individual industrial interstate commerce labor legislation limited manufacturers matter means meeting monopoly names nature notice object officers opinion organizations parties person plaintiff practically present President principle Professor JENKS profit proposed prosecution protection provisions question railroad rates reasonable reference regard regulation represent restraint of trade result Senator NELSON shares Sherman statement statute strike suit Supreme Court things tion trust union United unlawful unreasonable
Página 45 - Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal.
Página 275 - 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
Página 44 - 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.
Página 143 - 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.
Página 44 - ... enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed as soon as may be to the hearing and determination of the case ; and pending such petition and before final decree the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises.
Página 88 - And in order to ascertain that value, the original cost of construction, the amount expended in, permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...
Página 278 - person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
Página 258 - ... to be purchased or acquired, which is to be paid for wholly or partly out of the proceeds of the issue offered for subscription by the prospectus, or the purchase or acquisition of which...
Página 151 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within /the amendment.