A Treatise on the Law of Monopolies and Industrial Trusts, as Administered in England and in the United States of America

Sampul Depan
Central law journal Company, 1898 - 760 halaman
 

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Sustained by popular sentiment
27
The American doctrine
28
The adverse contention
31
Labor organizations
34
Popular sentiment and public policy
35
CHAPTER I
37
Public policy defined
42
The effect of a change
47
Covenants inconsistent with morality
49
Services in influencing legislation
54
The ground of the rule
58
Where such services may be employed
62
Services in influencing public officials
64
For services in procuring appointments to public offices
68
The subject continued
71
For withdrawal of opposing candidates
72
For services in procuring a pardon
75
For services which are in violation of public duty
77
For services in opposing a public enterprise
80
The subject continued
82
Stipulations against liability
85
The rule in New York
91
Contracts in contravention of law
93
For influencing the administration of justice
95
For changing the officers of corporations
99
For renouncing an executorship
101
For assignment of salary not yet due
104
CHAPTER II
107
The general rule
110
The rule in England
115
Partial distinguished from general restraint
116
Question of consideration
121
Limitations of time
123
The subject continued
126
Touching territorial limitations
128
The subject continued
131
Territorial limits determined
139
Validity of contracts in restraint of trade as affected by their reasonableness
142
Divisibility of illegal contracts
147
The subject continued
151
Limitations in conveyances
153
The subject continued
157
The grantee restrained by the terms of the conveyance
159
Contracts relating to trade secrets
160
Restraint of trade by patents
165
Where contracts relating to patents are not upheld
169
Restraint in the sale of a trademark
171
Restraint in publication contract
174
CHAPTER III
179
Contract for the sale of a physicians practice
183
The subject continued
185
The rule as applied to attorneys
187
The rule as applied to dentists
190
Application of the rule to the profession of teaching
193
Restraint upon the services of artists and actors
194
In its application to traveling salesmen
202
cci Constraint of trade construed as a limited partnership 4
204
CHAPTER IV
206
Contracts relating to a particular article
209
Contracts under which the grantor retains an interest in the business
210
Contracts for the sale of a good will
212
The subject continued
215
Further application of the rule
220
Agreement not to buy or sell
221
7 Contract to maintain prices 21
223
Statutory regulations
224
CHAPTER V
227
Conspiracy defined
228
The rule in England
231
80 Conspiracy by a corporation 3
235
Combination to monopolize a particular branch of busi ness
237
Combinations for regulating prices
242
Conspiracies under the federal antitrust act
246
Combination to prevent competition at a judicial sale
248
Combination to destroy competition 2
252
Conspiracy for severing the relation of a minister to his congregation
255
Indictment for conspiracy
256
Statutory regulations
259
CHAPTER VI
262
The nature of an option
267
Modification of the common law doctrine
269
The creation of a corner in necessaries
272
Where contracts for future delivery are justifiable
277
Rights and liabilities of third parties
280
Statutory prohibitions
284
CHAPTER VII
286
Introductory LSG 99 The strike and the lockout
289
The strike as a conspiracy
291
The subject continued
295
Where a strike will be upheld
299
Where a lockout will be held lawful
305
The boycott
311
The nature of the offense
314
Picketing
322
Blacklisting
327
Obligation of carrier as affected by strikes
331
The strike as a violation of the federal antitrust act
334
The relation of trades unions to a receiver
338
Interference with transportation of the mails
340
Contracts between employers and trades unions
344
Monopoly in street railways 37t
376
Grant of exclusive gas privilege
381
Exclusive privilege for supplying water
386
The subject continued
390
Exclusive privilege of erecting a toll bridge or of estab lishing a ferry 12
392
The subject continued
395
Power to impose a ferry license
398
For removal of garbage
400
Municipal grant of a market franchise
404
The subject continued
406
Legislative and business powers distinguished
410
CHAPTER IX
412
Power to regulate the business of a railroad company
419
Power not lost by nonuser
424
Power to act through a commission
425
Power to assess damages
429
Power to regulate public warehouses and warehousing
431
Effect of statutory regulations
435
Power to regulate the operations of telegraph companies
437
When subject to congressional control
440
Application of the rule to the telephone
444
Power to regulate in case of patented property
449
Application of the rule to the baking business
451
Application of the rule to the laundry business
453
Immunity from governmental control
456
A business juris publici distinguished from a business juris privati
458
CHAPTER X
464
Combinations for the purpose of suppressing competition
469
The subject continued
473
Purchase of competing lines
476
Lease of competing lines
480
Consolidation of parallel lines
485
The subject continued
490
The rule in case of traffic arrangement
492
Admission to depot grounds
495
General powers of railway corporations
499
Introductory
503
Legality of the trustclass first
507
The subject continued
513
The same subject
517
The legality of the trust continuedclass second
525
1G4 The rule in England
532
Legality of the trust continuedclass third 580
536
The subject continued
539
CHAPTER XII
543
The subject continued
546
Pooling by railroads
552
The pooling of stocks
558
The pooling of products 501
561
The subject continued 505
565
Monopoly under patents
568
The subject continued
572
The voting trust
576
The subject continued
580
The same subject
583
Rebates on freight bills
585
The subject continued
589
Combinations of insurance companies
591
Rights of parties under trust combinations
595
CHAPTER XIII
599
The federal antitrust act
601
Alabama insurance act
603
Arkansas antitrust act
605
California cattle trust
606
Delaware life insurance law 008
608
Florida legislation relating to trusts and monopolies
609
Georgia antimonopoly act
611
Kansas law prohibiting trusts
622
Kentucky law prohibiting pools trusts and conspiracies
626
Maine antitrust law
631
Michigan antitrust act 033
633
Minnesota law to prohibit pools and trusts
635
Mississippi law prohibiting trusts and combines
636
Missouri antitrust act
639
Montana statute against monopolies and trusts 040
646
Nebraska statute against trusts and conspiracies agaipst trade and business 048
648
New Mexico law declaring trust combinations illegal 053
654
North Carolina law for the prohibition of trusts
657
North Dakota law declaring certain trusts and combina tions unlawful 859
659
Oklahoma law to prevent combinations in restraint of trade
660
South Carolina prohibition of trusts and combinations 062
662
South Dakota antitrust law
664
Tennessee law to prohibit conspiracies and trusts 066
666
Texas law for the suppression of trusts and the promo tion of true competition 070
670
Utah law prohibiting pools and trusts 074
674
Washington law forbidding trusts and monopolies 077
678
CHAPTER XIV
680
Ground of proceedings against monopolies and indus trial combmations 088
688
What courts have jurisdiction
691
Who may file an information
697
Pleadings and averments
701
Judgment under proceedings in quo warranto
705
Application of the rule to illegal combinations
708
Remedy by injunction
709
The subject continued
713
Introductory
717
CHAPTER XVI
726
Punishment for contempt 714
755
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