Standard Oil Company Et Al., Appellants, Vs. the United States. Brief On the Law On Part of Appellants

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Gas., 161 ; Yates vs. University College, L. R, 7 H. L., 438.
In the United States, as a general rule, the ap- pellee cannot be heard to assign error." (See casea ante^.
—134— CASE CONSIDERED DE NOVO.
QUESTION.
From pages 4 to 10, ante, we have discussed the issue raised by the pleadings and we may here briefly re-state it thus: Have the seven appellants and associates using different methods of holding their properties and carrying on business as private traders conspired or combined to restra
...in and gain a monopoly of interstate and international commerce by meana prohibited by -the Sherman Act?
We have so far endeavored to prove that the Court below was in error in finding : (1) That the seven individuals controlled all the ap- pellants.
(2) That the decree as entered, (a) was not justified nor required by the Northern Securities case; (b) that the mere transfer in 1899 of propertiea justly used in private trade to the Standard Oil Co. of New Jersey was not a violation of the Sherman Act; (c) That the decree in form far exceeded the power given to the Court sitting in Equity by the- Sherman Act.


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