ReportNevins & Myers, 1890 - Labor |
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Common terms and phrases
A. D. Fassett agreement Arbitration Average number Bagging Company bakery products bales Bread Breckinridge Breweries Brick and tile Calcutta Capital invested Carriages and wagons cents a yard Children and youths Cigars and tobacco Clothing men's combination common law competition contract Cooperage copper ware corporations cost court deed Diamond Match Company Dundee eight-hour establishments fact Females above 15 Flour mills Foreign immigration Foundries & machine girls hands employed Industries interest Jones & Gratz Labor saving machinery machine shops Males above 16 manufacturers Marble Miscellaneous monopoly number of hands Ohio paid in wages parties persons planed Printing offices profits pump manuf question restraint of trade Saddlery and harness sawed sell shares stockholders Stone quarries Tanneries taxation thing Tinware tion Total amount paid trade trust board Value of materials Value of products women woolen mill
Popular passages
Page 170 - The clear tendency of such an agreement is to establish a monopoly, and to destroy competition in trade, and for that reason on grounds of public policy, courts will not aid in its enforcement. It is no answer to say that competition in the salt trade was not in fact destroyed, or that the price of the commodity was not unreasonably advanced. Courts will not stop to inquire as to the degree of injury inflicted upon the public ; it is enough to know that the inevitable tendency of such contracts is...
Page 173 - Any combination, the tendency of which is to prevent competition in its broad and general sense and to control, and thus at will enhance prices to the detriment of the public, is a legal monopoly.
Page 154 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 170 - This combination has a power in its confederated form which no individual action can confer. The public interest must succumb to it, for it has left no competition free to correct its baleful influence.
Page 146 - ... a secretary who may or may not be a member of the board, and a health officer who shall not be a member of the board.
Page 145 - ... (1) to promote economy of administration, and to reduce the cost of refining, thus enabling the price of sugar to be kept as low as is consistent with reasonable profit; (2) to give to each refinery the benefit of all appliances and processes known or used by the others, and useful to improve the quality and diminish the cost of refined sugar; (3) to furnish protection against unlawful combinations of labor; (4) to protect against inducements to lower the standard of refined sugars; (5) generally...
Page 167 - When the certificate shall have been filed as aforesaid, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in such certificate, and by that name...
Page 227 - The several privileges or franchises intended to be exercised by a number of companies are thus vested exclusively in a single corporation. To create one corporation for the express purpose of enabling it to control all the corporations engaged in a certain kind of business, and particularly a business of a public character, is not only opposed to the public policy of the state, but is in contravention of the spirit, if not the letter, of the constitution.
Page 169 - We are not aware of any rule of law which makes the motive of the covenantee the test of the validity of such a contract. On the contrary we suppose a party may legally purchase the trade and business of another for the very purpose of preventing competition, and the validity of the contract, if supported by a consideration, will depend upon its reasonableness as between the parties.
Page 172 - ... tending to create monopolies. The earlier doctrine, of course, obtained in respect of agreements between individuals. The limitation which became imposed was that the agreement should operate as to a locality and not as to the whole land. In later times the danger in such agreements seems only really to exist when corporations are parties to them ; for their means and strength would better enable them to buy off rivalry, and to create monopolies. The object of government, as interpreted by the...