Reports of the Industrial Commission volume 18

Cover Reports of the Industrial Commission volume 18
Reports of the Industrial Commission volume 18
United States Industrial Commission
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133 (c) To agreements in reference to the more favorable development of other condi- tions of production, as, for instance, agreements fixing the amount to be paid for transportation, insurance, etc. [Probably referring to discriminating rates of various kinds. ] But even in the remaining limited domain of the applicability of the law on coali- tions this law has almost never been applied, since an occasion for asserting the inva- lidity in civil law of combinations coming under this law has ne...ver arisen. Quite naturally, for it is the nature of these organizations that members of the combination need the protection of the State and recognition by the State much less than in most of the other domains of private law. This is the case principally because through the customary means of courts of arbitration an enforcement of contract is possible in spite of the invalidity of an agreement in civil law. It must at least be considered very doubtful whether under the present law of legal procedure the awards of courts of arbitration which refer to the fulfilment of the agreements of a combination can be attacked in their material contents or in their enforcement on account of the invalid agreements of a combination which is their foundation.

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