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
clause, though a clear statement of the common law, would, of course,
render hopeless Mr. Gompers's crusade in favor of the boycott, the
object of a boycott invariably being to control the acts of somebody
else. Alabama directs the legislature to provide for the prohibition
of trusts, etc., so as to prevent them from making scarce articles
of necessity, trade, or commerce, increasing unreasonably the cost
thereof, or preventing reasonable competition; and to much the same
effect in Louisiana.
We may well close this brief survey by a study of the volume of such
legislation. We have, for instance, in 1890, seven anti-trust laws;
in 1891, six; in 1892, one; in 1893, eight. In 1894, doubtless as a
consequence of the panic, anti-trust legislation absolutely ceased,
and in 1895 there is only one law, passed by the State of Texas, its
old law having been declared unconstitutional. In 1896, under the
influence of President Cleveland's administration, we find four such
statutes, and in 1897, with reviving prosperity, thirteen. Still,
we find no new principle, except, indeed, the somewhat startling
statement in Kansas that it is unlawful to handle goods made or
controlled by monopolies. The Illinois statute of that year permitted
combinations as to articles whose chief cost is wages when the object
or effect is to maintain or increase wages, a qualification which led
to the whole law's being declared unconstitutional. In Tennessee there
is a special statute penalizing combinations to raise the price of
coal, a statute with good old precedents in early English legislation.
By this time most of the States had adopted anti-trust statutes. In
1898 we find only one law, that of Ohio, giving the same five-fold
definition of the trust that we found above in Alabama, but it
adds the somewhat startling statement that "the character of the
combination may be established by proof of its general reputation as
such," and again it is made criminal to own trust certificates, with
double damages in all cases to persons injured. A constitutional
lawyer might well doubt whether a conviction under the last half of
this statute would be sustained. In 1899 eleven of the remaining
States adopted anti-trust laws. In 1900 there is a new statute in
Mississippi prohibiting, among other things, the pooling of bids for
public work, this again being a mere statement of the common law,
although a law which has possibly grown uncommon by being generally
forgotten.
Public-domain text, read in full here on John Shaqi.
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