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
South Dakota has an extraordinary statute making the agents for
agricultural implements, etc., guilty of a criminal offence when their
principals refuse to sell at wholesale prices to dealers in the State
(S.D., 1890, 154, 2). But beside these remedies, there is a frequent
statute dating from the earliest Kansas act of 1889, that debts for
goods sold by a so-called trust, contracts made in violation of
the law, will not be enforced in favor of the offending person or
corporation. That is to say, the person buying the goods of a trust
may simply refuse to pay for them; and the constitutionality of this
legislation has recently been sustained by a divided opinion in the
Supreme Court of the United States.[1] The possession or ownership
of trust certificates is in some States made criminal. Corporations
offending against the statute are to have their charters taken away,
or, if chartered in other States, to be expelled from the State. All
contracts or agreements in violation of any of these statutes are, of
course, made void.
[Footnote 1: Continental Wall Paper Co. _v_. Voight, 212 U.S. 227.]
There are special statutes in Kansas, Nebraska, and North Dakota
against trusts in certain lines of business, as, for instance, the
buying or selling of live-stock or grain of any kind.
In the twenty years that have elapsed since this early legislation
there has been considerable clarifying in the legislative mind; modern
statutes, and especially constitutional provisions, stating the
offence much more concisely, with a simple reliance upon the common
law, leaving it, in other words, for the courts to define. The
Southern State constitutions generally enact that the legislatures
shall enact laws to prevent trusts. New Hampshire says: "Full and fair
competition in the trades and industries is an inherent and essential
right of the people, and should be protected against all monopolies
and conspiracies which tend to hinder or destroy." Oklahoma provides
that "the legislature shall define what is an unlawful combination,
monopoly, trust, act, or agreement, in restraint of trade, and enact
laws to punish persons engaged in any unlawful combination, monopoly,
trust, act, or agreement, in restraint of trade, or composing any
such monopoly, trust, or combination." In Wyoming, monopolies and
perpetuities, in South Dakota and Washington, monopolies and trusts,
are "contrary to the genius of a free State and should not be
allowed." The constitutional provisions of North Dakota, Minnesota,
and Utah are again a mere repetition of the common law. The New
Hampshire statute grants "all just power ... to the general court to
enact laws to prevent operations within the State of ... trusts ...,"
or the operations of persons and corporations who "endeavor to raise
the price of any article of commerce or to destroy free and fair
competition ... through conspiracy, monopoly or any other unfair means
to control and regulate the acts of all such persons." This last
Public-domain text, read in full here on John Shaqi.
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