Nomination of James H. Wilkerson: Hearings Before a Subcommittee of the Committee on the Judiciary, United States Senate, Seventy-second Congress, First Session, on the Nomination of James H. Wilkerson to be United States Circuit Judge, Seventh Circuit, Volumes 1-3
U.S. Government Printing Office, 1932 - Judges - 373 pages
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appeals appointment asked Association attempt attention attorney authority bill Capone carried chairman charge Chicago circuit court combination Commission committee complaint conspiracy contracts corporation counsel course court of appeals criminal decision decree defendants demands district effect employees employment enforcement entered evidence facts Federal filed further give Government hearing Illinois industrial injunction interstate commerce involved issued Johnson Judge Wilkerson labor lawyer letter matter means MILLER never notice officers operation opinion organizations persons position practically present President proceedings provision question railroad railway reason receivers record referred represented respect restraining order result RICHBERG Senator BLAINE Senator BoRAH Senator GLENN Senator WALSH showing situation statement strike Supreme Court taken temporary theaters thing tion understand union United unlawful violation WALSH of Montana
Page 67 - Whenever it shall appear to the court before which any proceeding under section four of this act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not ; and subpoenas to that end may be served in any district by the marshal thereof.
Page 108 - The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it.
Page 203 - States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment...
Page 184 - That nothing herein contained shall prevent discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold or that makes only due allowance for difference in the cost of selling or transportation or discrimination in price in the same or different communities made in good faith to meet competition : And provided further, That nothing herein contained!
Page 204 - Without attempting to review and reconcile all the cases, we are of opinion that, as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons by some concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose not In itself criminal or unlawful by criminal or unlawful means.
Page 67 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different states, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Page 204 - That the labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof...
Page 123 - But the very fact that it is lawful to form these bodies, with multitudes of members, means that they have thereby acquired a vast power, in the presence of which the individual may be helpless. This power, when unlawfully used against one, cannot be met, except by his purchasing peace at the cost of submitting to terms which involve the sacrifice of rights protected by the Constitution; or by standing on such rights and appealing to the preventive powers of a court of equity. When such appeal is...
Page 181 - ... it is not for the real prosperity of any country that such changes should occur which result in transferring an independent business man, the head of his establishment, small though it might be, into a mere servant or agent of a corporation for selling the commodities which he once manufactured or dealt in, having no voice in shaping the business policy of the company, and bound to obey orders issued by others.