Railroad Reports Volume 7

Railroad Reports Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... company is interested in maintaining the validity of the agreement to the same extent as all the others. As against the agreement the government represents the interest of the public, and thus the parties stand opposed to each other, --the one in favor of dissolving and the other of maintaining the agreement. Unlike the case of Gibson v. Shufeldt, 122 U. S. 27, 7 Sup. Ct. 1066, and the cases therein cited in the opinion of the court delivered by MR. JUSTICE GRAY, the defendants here are jointly interested in the question, United States v. Trans-Missouri Freight Ass'n. and it is not the case of a fund amounting to more than the requisite sum which is to be paid to different parties in sums less than the jurisdictional amount. For the reasons above stated, we think the jurisdictional fact in regard to each defendant appears plainly and necessarily from the record and the stipulation, and that the duty is thus laid upon this court to entertain the appeal. Coming to the merits of the suit, there are two important questions which demand our examination. They are. first, whether the above-cited act of Congress (called herein the "Trust Act ") applies to and covers common carriers by railroads; and. if so, second. does the agreement set forth in the bill violate any provision of that act? As to the first question: The language of the act includes every contract, combination in the form of trust or otherwise, or conspiracy. in restraint of trade or commerce among the several states or with foreign nations. So far as the very terms of the statute go, they apply to any contract of the nature described. A con-'l;m-: )'i ' cents; 'r: f;rctract, therefore, that is in restraint of trade Associnliium. or commerc
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Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236878361
  • 9781236878366