The Law of Combinations, Monopolies and Labor Unions

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Callaghan and Company, 1909 - Antitrust law - 466 pages

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Contents

CHAPTER VII
65
CHAPTER VIII
83
Legality of methods of inducing to enter employment
89
Malicious intent
90
Lockouts
91
Boycott by employer
96
CHAPTER IX
97
Solidarity of interest as justifying injury by employee
100
Refusal to enter or continue in employment
101
Quitting employment in violation of contract relation
102
Malicious intent
104
Combinations to increase wages
108
The closed shop
112
Definition of strike
115
Strike as excuse for nonperformance of contract
116
Strike whether illegal apart from acts of violence or acts pro ducing fear of violence
118
Sympathetic strike
120
Strike whether illegal because of malicious intent
121
Strike whether illegal because of intent to procure discharge of employee
123
What may be subject of illegal restriction e g tangible com
130
Inducing refusal to deal
131
Boycott by employee
132
Solidarity of interest as justifying boycott secondary boycott
135
Inducing breach of contract
139
Inducing to refuse to continue in employment i e to quit em ployment
141
Inducing to refuse to enter or reenter employment
144
Inducing to quit employment in violation of contract to serve
146
Relation of employee as justifying inducing to quit employment
148
Combination to induce to quit employment
149
Criminal liability for combination to induce to quit employment
151
Relation of employee as justifying inducing discharge from em ployment
153
CHAPTER X
157
Acts of violence as incident to boycott etc
159
Acts producing fear of violence as incident to boycott etc
160
Threat or announcement of intention as incident to boycott etc
161
Threat or announcement of intention to boycott
162
Strike as distinguished from incident acts of violence or acts producing fear of violence
164
Acts of violence as incident to strike
165
Acts producing fear of violence as incident to strike
167
Threat or announcement of intention as incident to strike
168
Strike as induced by acts of violence or acts producing fear of violence or by announcement of intention to do lawful act
169
Threat or announcement of intention to strike
170
Definition of picketing
171
Picketing whether illegal
172
Picketing accompanied with acts of violence or producing fear of violence
174
Picketing accompanied with inducing to refuse to enter or con tinue in employment
176
CHAPTER XI
180
Injunction
181
Injunction against act punishable as crime
184
Injunction against libel
185
Words producing injury or fear of injury and libelous words
187
Injunction against boycott
188
Injunction against inducing breach of contract
189
Injunction against strike
191
Injunction against inducing to quit employment
192
Injunction against inducing not to enter employment
193
Injunction against preventing from securing or continuing in employment
194
Injunction against picketing or acts incident thereto
196
Injunction against blacklisting
197
COMBINATIONS PRODUCING PUBLIC INJURY CHAPTER XII
198
Application of doctrine to restrictions upon competition
201
CHAPTER XIII
202
Monopoly as resulting from act of government
203
Monopoly as exclusive of new right or franchise not previously possessed by community at large
204
Restriction created in exercise of police power
206
Right under patent
207
Constitutional restrictions upon power of legislature to create monopolies
209
Monopoly as resulting from act of municipal corporation
210
CHAPTER XIV
213
BESTRICTION UPON COMPETITION AS RESULTING FROM ACTS OF INDIVIDUALS 115 Restriction upon competition as resulting from acts ...
214
Extension of doctrine of illegality of monopoly resulting from act of government to restriction upon competition resulting from acts of individuals
216
Restriction upon competition whether necessarily illegal
219
Presumption against validity of restriction upon competition
222
Effect of tendency to produce illegal restriction
234
Prospect of competition
240
Forestalling ingrossing regrating
242
Fixing raising or lowering price
244
Agreement to fix price
245
Agreement to fix wages
249
Deterioration in quality
250
Combination as element of illegality
251
modities services
253
Articles of necessity
254
Business of public character
256
Reasonableness as test of legality
261
Grant of exclusive privilege to connecting carrier
282
Grant by carrier of exclusive privilege of transportation
283
Discrimination by carrier as between members of general public
284
Agreements not to bid
286
Combinations among owners of patents
287
CHAPTER XV
290
Acts of single corporation
291
Organization of corporation for purpose of creating restriction
292
General powers of corporation as limited by doctrine against restrictions
293
Ultra vires acts
295
Entering into partnership
296
Holding of stock in another corporation
297
Consolidation of corporations
299
Foreign corporations
300
CHAPTER XVI
303
Prevention of restriction upon competition not basis of doctrine
306
Inapplicability of test of space limit to restrictions upon com
309
Acts illegal as against public policy and criminal acts
312
Civil liability
314
Proceeding on behalf of public
317
Nonenforcibility of agreement
318
Injury to party to restriction
319
Agreement not related to restriction
322
Nonenforcibility of agreement because of relation to restric tion
324
Remedies by or against agent
326
Contract in restraint of trade
329
Disaffirmance of agreement
331
Corporate acts
334
Relief to stockholder
335
Dissolution or ouster of corporation
336
CHAPTER XVIII
339
life liberty or property
340
Necessity for legislation
343
Class legislation
344
CHAPTER XIX
346
Constitutional basis of act
348
Commerce as among the several States
350
Trade as distinguished from commerce
351
Transportation and other transactions within State e g manufacture and sale
352
Transaction within State when included as incident of other acts
353
The same contracts in restraint of trade
357
Substantial control of transportation as test of legality
358
Reasonableness as test of legality
362
Combination as element of illegality
364
Acts of corporation
365
Contract etc among those engaged in transportation e g by railroad
366
Contract etc among those not engaged in transportation e g those engaged in production or sale
368
The same necessity that contract etc directly affect trade or commerce
369
Penal liability
373
Injunction
374
Forfeiture etc of property
376
Action for damages
377
petition 309
381
CHAPTER XX
384
Arkansas
385
California
387
206a Florida
389
Illinois
391
Indiana
394
Iowa
398
Kentucky
400
Louisiana
405
Maine
406
Michigan
407
Minnesota
408
Mississippi
409
Missouri
411
Montana
417
Nebraska
418
222a New Hampshire
420
New York
422
North Carolina
424
North Dakota
425
Ohio
427
Oklahoma
428
South Carolina
431
South Dakota
434
Tennessee
435
Texas
438
Utah
446
233a Virginia
450
Wisconsin
451
Wyoming
452
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Page 275 - That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof...
Page 201 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 207 - Provided also, and be it declared and enacted: That any declaration before mentioned shall not extend to any letters patent and grants of privilege, for the term of fourteen years or under, hereafter to be made, of the sole working or making of any manner of new manufactures, within this realm, to the true and first inventor and inventors of such manufactures...
Page 177 - It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm...
Page 389 - Any person who shall be Injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any circuit court of the United States In the district In which the defendant resides or Is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained...
Page 398 - If any corporation organized under the laws of this or any other State or country, for transacting or conducting any kind of business in this State...
Page 101 - trade dispute' means any dispute between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or the terms of employment, or with the conditions of labour of any person...
Page 295 - No railroad or other corporation, or the lessees, purchasers or managers of any railroad corporation, shall consolidate the stock, property or franchises of such corporation with, or' lease or purchase the works or franchises of, or in any way control, any railroad corporation owning or having under its control a parallel or competing line...
Page 423 - ... for the purpose of creating, establishing or maintaining a monopoly within this state of the manufacture, production or sale of any such article or commodity, the free pursuit in this state of any lawful business, trade or occupation is or may be restricted or prevented, is hereby declared to be against public policy, illegal and void.
Page 12 - An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.

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