American literature -- Periodicals; Literature -- Periodicals
As a result of these many proceedings and interpretations, the Sherman
Anti-trust Law is now fairly well understood. There has recently been
much complaint that the law is not sufficiently "specific"; that
business men and labor leaders are groping very much in the dark;
that it is impossible to say what this statute prohibits and what it
permits. From the judicial literature which has accumulated in the
last eighteen years, however, a fairly clear idea of its bearings
upon large enterprises, both of labor and capital, can be obtained.
Senator Hoar declared, when the bill came up for final passage, that
it enunciated no new principle of law. It made illegal "restraints of
trade" and "monopolies," but these had been for centuries unlawful in
all Anglo-Saxon countries. As far back as the reign of Henry VI. in
England, in 1436, a law was passed declaring that "all agreements in
restraint of trade are illegal and voide." This principle has ever
since been part of the law of England, and is at present part of the
common law of many States in the Union.
[Illustration: FRANCIS LYNDE STETSON, CHIEF COUNSEL FOR THE UNITED
STATES STEEL CORPORATION AND OTHER MORGAN ORGANIZATIONS. MR. STETSON
WAS ONE OF THE DRAFTERS OF LAST WINTER'S TRUST BILL. IF IT HAD BECOME
A LAW, THIS MEASURE WOULD HAVE MADE THE UNITED STATES STEEL COMPANY
PRACTICALLY IMMUNE FROM FEDERAL PROSECUTION]
In the United States itself, however,--that is, in the federal
courts--there is no common law; everything must be fixed and regulated
by statute. What the Sherman Act did was to make this common law on the
subjects of restraints and monopolies the statute law of the United
States. Under the common law of practically every State, monopolies
and restraining combinations were illegal; Congress made these illegal
when they involved inter-State trade. Under the common law boycotts
were illegal also; Congress made illegal the inter-State boycott.
Congressional action on this subject was demanded, because the larger
number of these unlawful combinations could be reached only by federal
action, inasmuch as they usually involved more than one State.
Public-domain text, read in full here on John Shaqi.
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