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§ 7. Any person who shall be injured in his business or property by any person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.

§ 8. That the word "person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the territories, the laws of any state, or the laws of any foreign country. Approved, July 2, 1890.

28 STATUTES AT LARGE, 570.

AN ACT to reduce taxation and provide revenue for the Government and for other purposes.

§ 73. That every combination, conspiracy, trust, agreement, or contract is hereby declared to be contrary to public policy, illegal, and void, when the same is made by or between two or more persons or corporations either of whom is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who is or shall hereafter be engaged in the importation of goods or any commodity from any foreign country in violation of this section of this act, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and, on conviction thereof in any court of the United States, such person shall be fined in a sum not less than one hundred dollars and not exceeding five thousand dollars, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months.

§ 74. That the several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain

violations of section seventy-three 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 petitions setting forth the case and praying that such violations 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.

§ 75. That whenever it shall appear to the court before which any proceeding under the seventy-fourth section 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 where the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof.

§ 76. That any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section seventy-three of this act, and being in the course of transportation from one state to another, or to or from a territory, or the District of Columbia, 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.

§ 77. That any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee.

Received by the President August 15, 1894, and not being returned within ten days became a law without his approval.

24 STATUTES AT LARGE, 379.

AN ACT to regulate commerce.1

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

1. That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country:

Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one state, and not shipped to or from a foreign country from or to any State or Territory as aforesaid. The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.

* * *

§ 5. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion

The parts of the act not relating to combinations are omitted.

thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense.

§ 7. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination. * * *

[February 4, 1887.]

CASES CONSTRUING STATUTES.

June 4, 1891.
October 13, 1890.

United States v. Jellico Mountain Coal and Coke Co. et al. 46 Fed., 432. 43 Fed., 898. Statement.

Owners of Kentucky coal mines and the coal dealers in Nashville, Tennessee, formed a combination whereby all the Nashville dealers should sell coal at the same price, said price to be fixed by the combination; and the mines agreed to sell no coal in Nashville to any person not a member of the combination. The United States brings suit, under the Trust Act of 1890, to enjoin proceedings under this agreement. Opinion on preliminary hearing.

A preliminary injunction was refused, the court saying: "It is manifest that the act is new and this a most important application of it. It would more injure the defendants to grant this preliminary injunction if, on the final hearing, it should turn out that the case does not fall within the act than it would injure the public to withhold the injunction until the final hearing, and the more since the United States gives no bond to protect the defendants against that injury as a private suitor would be compelled to do."

Opinion on final hearing.

In making the agreement the transportation of the coal from Kentucky to Nashville, Tennessee, was a necessary incident to, and element in, the arrangement, and its execu

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tion would have been impossible without it. It was to all intents and purposes commerce between states, and as it is clear that it was a combination in restraint of trade, it falls within the Trust Act.

Defendants are enjoined.

51 Fed., 272.

Bishop v. American Preservers' Co. et al.

June 8, 1892.

The Trust Act (26 St. at Large, 209) which forbids combinations in restraint of interstate commerce, and gives a right to sue for damages to any person injured by acts in violation of its provisions, does not authorize suit where the only cause of action is the bringing of two suits which have not been decided.

In re Corning et al.

United States v. Greenhut et al.

51 Fed., 205.

June 11, 1892.

Statement.

An indictment against the prisoners charges that they, prior to the act of July 2, 1890, by lease or purchase acquired some 70 distilleries throughout the several states of the Union, and from them produced 77,000,000 gallons of distillery products, which then constituted of the entire amount of such products in the United States, and that they continued to operate said distilleries on the same extensive scale after the act became a law; that part of these products were shipped to Massachusetts, to be sold there and for transportation to other states, and to be sold by defendants to dealers, under a promise on the part of the defendants that if said dealers should purchase their distillery products exclusively from the defendants, and should sell such products not below certain prices, then defendants would pay said dealers a rebate of five cents a gallon on all their purchases. Defendants are arrested and ask for a writ of habeas corpus. Opinion.

The acts alleged do not constitute a crime. To have committed a crime the defendants must have obligated the vendors of the distilleries not to build others, or to withhold their capital or experience from the business; or they must have required an agreement from the dealers that they would

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