Gambar halaman
PDF
ePub
[ocr errors]

Legally the legislation has failed of its purpose,

pp. 117, 118.

D.

Social effects of the legislation, pp. 118, 119.

E.

Economic effects of the legislation, p. 119.

F.

Proposed remedies, pp. 120-124.
a. Greater publicity.
b. Rely on common law rather than anti-trust

statutes.
C. Discard the ory of a corporation as an

artificial personality distinct from its

stockholders etc. d. Guiding principle should be regulation, not

destruction.

[blocks in formation]

2

ly is meant a business which is not limited by competition. It may consist of a single firm or of many firms bound by

an agreement not to compete.

If the parties merge their

separate existence in that of a single larger corporation

in which the absolute control of the property of the differ

ent interests is placed in the hands of trustees, to be

managed by them for the advantage of all concerned, this

1. In tracing the origin of the trust we have not attempted to assign definite dates to the different transitions. Much that we have given in sequence, as a matter of fact went on at the same time. When the modern corporation appeared, joint-stock companies, partnerships, associations of individuals were also in existence. While the trust may be the principal form of business unit manifesting monopolistic tendencies, associations of individuals or partnerships may maintain a similar control within a given locality and industry. Working agreements, pools, trusts, exist concurrently. We have , however, attempted to select the salient characteristics of the development and to present them in a logical order. Though in tracing this development we have to a large extent relied upon secondary authorities, we have verified them whenever possible.

2.

Ely, Outlines of Economics, p. 295.

[merged small][ocr errors]

In its later use, however, the term has acquired a

broader and more general signification.

According to Beach

it is used to designate "any corporation, association or other combination, the object of which is to create a monopoly, either complete or partial, with a view to increasing prices by suppressing competition and obtaining control of the market.

,,2

Mr. Dodd, writing in the Harvard

Law Review for November, 1893, attributes to the term an

even wider signification, for he says it embraces "every

act, agreement, or combination of persons or capital believed to be done, made or formed with the intent, effect, power or tendency to monopolize business, to restrain or interfere

with competitive trade, or to fix, influence, or increase

3 the prices of commodities." The courts have also given the

terr a broad scope.

The Supreme Court of Missouri in 1899

said, "A trust is a contract, combination, confederation or

understanding, express or implied, between two or more

.

persons, to control the price of a commodity or service, for the benefit of the parties thereto, and to the injury

of the public, and which tends to create a monopoly.

There

1. Central Law Journal, XXVIII, p. 533, quoting from Report of New York Legislative Committee of the Senate, 1889.

2. Beach, Monopolies and Industrial Trusts, p. 4.

3. S. C. T. Dodd, The Present Legal Status of Trusts, Harvard Law Review, VII, p. 158.

« SebelumnyaLanjutkan »