Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
increase or reduce the price; (3) to prevent competition; (4) to fix
at any standard or figure whereby its price to the public shall be in
any manner controlled, any article intended for sale, etc.; (5) to
make or carry out any contract or agreement by which they are bound
not to sell or trade, etc., below a common standard figure, or to
keep the price at a fixed or graduated figure, or to preclude free or
unrestricted competition among themselves or others, or to pool or
unite any interest. To much the same effect is the statute of South
Dakota (1890, 154, 1), but it also denounces any combination which
tends to advance the price to the consumer of any article beyond the
reasonable cost of production or manufacture. The Louisiana (1890, 36)
and New Mexico laws (1891, 10) are aimed particularly at attempts
to monopolize, while the Oklahoma statute (6620) was aimed only at
corporations, and the broad wording of the Federal act passed this
year should be noted: "Every contract, combination, in the form of
trust or otherwise, or conspiracy in restraint of trade or commerce
among the several States or with foreign nations, is hereby declared
to be illegal" (U.S., 1890, 647, 1); and in the second section: "Every
person who shall monopolize, or attempt to monopolize, or combine or
conspire with any other person or persons to monopolize, any part
of the trade or commerce among the several States, or with foreign
nations, shall be deemed guilty under this act." And in the third
section: "Every person who shall make any such contract, or engage
in any such combination or conspiracy, shall be deemed guilty of a
misdemeanor." The rest of the legislation provides penalties, manner,
and machinery for the enforcement of these laws by prosecuting
attorneys, etc., with a usual allowance to informants; and it may be
here noted that one great trouble has resulted from this machinery,
for it provided injunction remedies and dissolution, which may well
be too severe a penalty, and, furthermore, dispenses with a jury and
throws unnecessarily upon the court--even now, as in the Standard Oil
case, a distant high court of appeal--the burden of determining a
complicated and voluminous mass of fact. Our ancestors never would
have suffered such matters to be adjudged by the Chancellor!
Public-domain text, read in full here on John Shaqi.
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