Readings on the Relation of Government to Property and Industry

By Samuel P. Orth | Go to book overview

tion, under (3) above, and thereby, and by unlawful agreements with transportation companies, secured illegal preferences, practically as efficient as a special grant from the government would be; they have been, and have intended to be parties to combinations in restraint of interstate commerce, and have attempted to monopolize, and have monopolized, such trade and commerce. And in this way they have

. . . Engrossed and piled up
The cankered heaps of strange achieved gold.

There is not much in the common law rule of reason, nor in the cases reviewed, to furnish much of aid or comfort to such existing institutions as are similar to those that have been challenged in the courts heretofore.


THE LAW OF COMBINED ACTION OR POSSESSION

BY FREDERIC J. STIMSON OF THE HARVARD LAW SCHOOL

(From the American Law Review, January, 1911)

I shall consider here the law of combination, whether of persons or of properties or privileges or franchises, and whether such law differs from the law of the acts and possessions of the individual, and if so in what particulars. This subject is the most important law topic to-day; it is one of the very earliest doctrines of the English law, one which distinguishes the early common law from the law of other countries, and yet was recently, or it may be said still is, one of the most forgotten and the most misunderstood. What remained of it in the minds of lawyers, our fathers' contemporaries, was merely the law of conspiracy; usually understood to mean criminal conspiracy, and even in that narrow field regarded as a law mysterious and technical. The common law on the subject became almost forgotten; the early statutes were unknown; and that is why most of our anti- trust legislation, the Sherman Act included, and much of our legislation in the matter of labor combinations, is confused and clumsy and apt to be either unnecessary or unconstitutional. And now we are told by recent discoverers or agitators that the very basis of this law should be changed. It is asserted -- not only by Mr. Gompers, but by learned judges, and even by the British Parliament -- that modern conditions demand the removal of this entire body of law from our jurisprudence, that is to say, they advance the specious theory that the law of the acts of one should be identical with the law of the acts of many; correspondingly, that the law of the possessions of one should be identical with the law of possessions of many,

-267-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Readings on the Relation of Government to Property and Industry
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 666

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.