Levin v. Chicago Gas Light and Coke Co. et al., 64 Ill. App., 393 90 190 Lovejoy et al. v. Michels, 88 Mich., 15. Mallory v. Hanaur Oil Works, 86 Tenn., 598 134 228 McCulloch v. State of Maryland et al., 4 Wheat., 316. Milwaukee Masons and Builders' Association v. Niezerowski, 95 Wis., 129 55 260 261 Mogul Steamship Co. v. McGregor, Gow & Co., 1892, App. Cases, 25 Morris Run Coal Co. v. Barclay Coal Co., 68 Pa. St., 173 261 172 209 Munn v. Illinois, 94 U. S., 113 National Distilling Co. v. Cream City Importing Co., 86, Wis., 352. Norwich Gas Light Co. v. Norwich City Gas Co., 25 Conn., 18 People ex rel. v. Chicago Live Stock Exchange, 170 Ill., 556 57 259 181 54 159 209 65 65 77 210 263 94 91 191 Southern Indiana Express Co. v. United States Express Co., 88 Fed., 659 Strait et al. v. National Harrow Co. et al., 18 N. Y. Supp., 224 Terrell, In re, 51 Fed., 213.. Texas and Pacific Coal Co. v. Lawson, 89 Tex., 394 Texas and Pacific Railway Co. et al. v. Southern Pacific Railway Co., 41 La. Texas Brewing Co. v. Templeman et al., 38 S. W. Rep., 27 Trenton Potteries Co. v. Richard C. Oliphant et al., 56 N. J. Eq., 680; 43 Atl. Trisconi v. Winship et al., 43 La. Ann., 45 United States v. Addyston Pipe and Steel Co. et al., 78 Fed., 712; 85 Fed., 271; United States v. Coal Dealers' Association of California et al., 85 Fed., 252 United States v. Greenhut et al., 51 Fed., 213. United States v. Hopkins et al., 82 Fed., 529; 171 U.S., 578 United States v. Jellico Mountain Coke and Coal Co. et al., 43 Fed., 898. Page. 35,36 49 United States v. Nelson et al., 52 Fed., 646 United States v. Patterson et al., 55 Fed., 605. United States v. Trans-Missouri Freight Association, 166 U. S., 290 United States v. Workingmen's Amalgamated Council of New Orleans et al., 54 Fed., 994... Walling v. State of Michigan, 166 U. S., 446. Walsh v. Dwight et al., 40 N. Y. App. Div., 513. Waterhouse et al., v. Comer, 55 Fed., 149 Waters-Pierce Oil Co. v. State, 44 S. W. Rep., 936 Welch et al. v. Phelps & Bigelow Windmill Co., 36 S. W. Rep.. 71. 34 51 39 36 37 48 38 59 184 38 247 245 248 STATUTES AND DIGESTED DECISIONS OF FEDERAL, STATE, AND TERRITORIAL LAW ON TRUSTS AND MONOPOLIES. UNITED STATES. STATUTES. 26 STATUTES AT LARGE, 209. AN ACT to protect trade and commerce against unlawful restraints and monopolies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, § 1. 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, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. § 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several states, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. § 3. Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such territory and another, or between any such territory or territories and any state or states or the District of Columbia, or with foreign nations, or between the District of Columbia and any state or states or foreign nations, is hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. § 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the attorney-general, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. § 5. Whenever it shall appear to the court before which any proceedings under section four of this act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. § 6. Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section one of this act, and being in the course of transportation from one state to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. |