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.'

999

What shall we have next in the course of the present anarchistic crusade against capital and property?

And at such a time, where shall we find the two courts which have heretofore been the bulwarks on which we could always depend-for the protection of life, liberty, and property?

GENERAL INDEX.

APPRENTICESHIP, 33, 34.

"ANTI-TRUST" ACT, 172.

considered in connection with Interstate Commerce Act, 173.
provisions of, as to monopolies, 174.

U. S. v. E. C. Knight Company, 174.

effect of this decision upon, 176.

held not inconsistent with Interstate Commerce Act, 176.
BLACKSTONE,

definition of offences against public trade, 91.

definition of conspiracy, 90.

definition of crime, 147.

BUYERS AND SELLERS,

respective rights of, in matter of control of prices, 143.
buyers have been objects of law's solicitude, 144.
sellers are entitled to equal protection, 144.

the "public interest," 145.

in fact all are both buyers and sellers, 145.

the "public interest" must be left to the parties, 145.

duty of the State to afford equal rights and protection, 146.
no distinction between sellers of labor and of merchandise, 146.
or between sellers of "articles of necessity" and others, 146.
CAPITAL,

effects of concentration of, 181.

corporations the best agency to handle, 184.

ownership of, always diverse, 184.

increase of, proportionate to increase in wealth, 184.

relations of, to labor, 185.

necessity for security of, 186.

COLONIAL LAW,

entire absence at first of attempts to fix prices, 3.

congressional action during revolution, 4.

very soon repealed, 4.

COMBINATIONS TO FIX PRICES

made criminal conspiracies by early English Statutes, 43.
previous law as to conspiracy, 44.

essence of such crime the fixing prices contrary to law, 46.
such statutes only one feature of attempts to control prices, etc.,
statute a dead letter as to prices of merchandise, 46, 47, 49.

82.

only one case as to prices of labor, 46, 47, 49.

later statutes recognize workmen's right to combine, 47.

English law as finally established, 49

permits such combinations provided no legal injury to others, 49.
Mogul S. S. Co. v. McGregor, 50.

of merchandise and of labor on same footing, 83.

(See" Conspiracies to commit acts injurious to trade or commerce.")
classified by Blackstone under "Monopolies," 92.

and so considered in recent decisions, 94.

but not with legal accuracy to be so regarded, 94.
English statutes as to, never part of our law, 96, 137.
Commonwealth v. Hunt, 96.

Commonwealth v. Carlisle, 97.

departure from the law in recent cases, 135.

People v. Sheldon, 135, 140.

U. S. v. Trans-Missouri Freight Assn., 135, 170.

definition of conspiracy applied to such combinations, 149.

no legal right to buy at any price in absence of statute fixing price,

149.

no legal injury by refusal to sell, 153, 158.

decision as to, in Freight Assn. case same as in People v. Sheldon,
170.

this point explained, 177.

reasonableness of prices fixed not a consideration, 177.

decision of the two cases summarized, 178.

economic aspects of, 179.

experience shows no damage done by, 179.

reason is found in the interest account, 180.

COMMON CARRIERS,

English statute law as to, 86-88.

great increase in control of, 117.

large number of American statutes regulating, 117.
also cases of intervention by courts, 118.

People v. New York Central, etc. R. R. Co., 118.

Railroad Commissioners of New York, statute, 130.

Transportation Corporations Law of New York, 133.
Lough v. Outerbridge, 169.

COMPETITION,

contracts to restrict between parties combining, not a crime in
England, 82.

though such contracts may not be enforced, 82.

such a contract held criminal in New York in People v. Sheldon,
135.

and by Supreme Court in Trans-Missouri F. A. case, 135.

these decisións irreconcilable with previous authorities, 135.

"public interest" in freedom of, 157.

contracts to prevent, enforced in New York, 159.

CONSPIRACY,

66

Hawkins' definition of, 44.

Blackstone's definition of, 90.

definition of crime as applied to, 149.

of workmen to raise price of labor, 153.

definition of, 156.

Pettibone v. United States, 156.

none in People v. Sheldon, 157.

the true doctrine, 190, 191.

CONSPIRACIES TO COMMIT ACTS INJURIOUS TO TRADE OR COMMERCE,"
combinations to raise prices so classified, 89.
Blackstone's definition of conspiracy, 90, 190.

no mention of conspiracies in restraint of trade, 90.

such combinations not indictable conspiracies at common law, 91.
English statutes as to, never part of our law, 96, 137.

New York statute of conspiracy, 109, 110.

People v. Fisher, 110.

the source of later heresies in the law, 110.

but sound as to the point decided, 112.

not an authority that mere combination to raise wages is a crime,
112, 190.

interference with legal rights of others essential to the crime, 113.
amendment of 1870, 114.

did not change the common law, 115.

departure from the law in People v. Sheldon, 135.

unsound interpretation of the statute in that case, 138.
meaning of the phrase "act injurious to trade,” 140.
the construction given to it in People v. Sheldon, 140.
People v. North River Sugar Refg. Co., contrasted, 169.
CORPORATIONS,

the best means of employing large capital, 183.
the advantages of, to society, 186.

CRIME,

essentials of, 146.

involves violation of legal right, 146.

attempts to commit, 146.

Blackstone's definition, 147.

Stephen's definition, 148.

modification of the latter, 149.

apparent exception, 149.

definition applied to conspiracy, 149.

DEMAND AND SUPPLY, LAW OF, 5.

makes legislative interference with prices needless, 5.
ECONOMIC ASPECTS, 179.

ENGLISH LAW,

to-day favors freedom of owner's rights to fix prices, 3.
many early statutes restricting that right, 9.