Corporations And the State
Corporations And the State
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(U. S. V. Freight Asso. , 166 U. S. , 290, 312, 324, 326. ) The court then proceeded to consider the second of the above questions, saying: The next question to be discussed is as to what is the true construction of the statute, assuming that it applies to common carriers by railroad. What is the meaning of the language as used in the statute, that "every contract, com- bination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states or with f...oreign nations, is hereby declared to be illegal"? Is it confined to a contract or combination which is only in un- reasonable restraint of trade or commerce, or does it include what the language of the act plainly and in terms covers, all contracts of that nature? It is now with much amplification of argument urged that the statute, in declaring illegal every combination in the form of trust or otherwise, or con- spiracy in restraint of trade or commerce does not mean what the language used therein plainly imports, but that it only means to declare illegal any such contract which is in unreasonable restraint of trade, while leaving all others unaffected by the provisions of the act ; that the common- law meaning of the term "contract in restraint of trade" includes only such contracts as are in unreasonable restraint of trade, and when that term is used in the Federal statute it is not intended to include all contracts in restraint of trade, but only those which are in unreasonable restraint thereof.
What to read after Corporations And the State?
You can find similar books in the "Read Also" column, or choose other free books by Burton, Theodore E. (Theodore Elijah), 1851-1929 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
(U. S. V. Freight Asso. , 166 U. S. , 290, 312, 324, 326. ) The court then proceeded to consider the second of the above questions, saying: The next question to be discussed is as to what is the true construction of the statute, assuming that it applies to common carriers by railroad. What is the meaning of the language as used in the statute, that "every contract, com- bination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states or with f...oreign nations, is hereby declared to be illegal"? Is it confined to a contract or combination which is only in un- reasonable restraint of trade or commerce, or does it include what the language of the act plainly and in terms covers, all contracts of that nature? It is now with much amplification of argument urged that the statute, in declaring illegal every combination in the form of trust or otherwise, or con- spiracy in restraint of trade or commerce does not mean what the language used therein plainly imports, but that it only means to declare illegal any such contract which is in unreasonable restraint of trade, while leaving all others unaffected by the provisions of the act ; that the common- law meaning of the term "contract in restraint of trade" includes only such contracts as are in unreasonable restraint of trade, and when that term is used in the Federal statute it is not intended to include all contracts in restraint of trade, but only those which are in unreasonable restraint thereof.
What to read after Corporations And the State?
You can find similar books in the "Read Also" column, or choose other free books by Burton, Theodore E. (Theodore Elijah), 1851-1929 to read onlineMoreLess
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