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. of merchandise and of labor on same footing, 83. (See" Conspiracies to commit acts injurious to trade or commerce.") 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. 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, no legal injury by refusal to sell, 153, 158. decision as to, in Freight Assn. case same as in People v. Sheldon, 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. 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 though such contracts may not be enforced, 82. such a contract held criminal in New York in People v. Sheldon, 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," no mention of conspiracies in restraint of trade, 90. such combinations not indictable conspiracies at common law, 91. 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, interference with legal rights of others essential to the crime, 113. 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. the best means of employing large capital, 183. 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. ENGLISH LAW, to-day favors freedom of owner's rights to fix prices, 3. ENGROSSING, of butter and cheese, prohibited; penalty therefor, 38. FOOD, prices of to be reasonable, 12. FORESTALLING, REGRATING AND ENGROSSING, 37. made crimes by early statutes, 38. exceptions, 40. forestalling defined, 39. regrating defined, 39, 40. engrossing defined, 40. attempt to raise prices constituted the crime, 40. no distinction between acts of individuals and of combinations, 40. effect of such statutes, to abolish middlemen, 41. statutes repealed, 1772, 48. intent to abolish offenses also, 48. but Rex v. Waddington, contra, 48. offenses expressly abolished, 1844, 48. enumerated by Blackstone as "Offences against Public Trade," English statutes as to, never part of American law, 96-98. never crimes here except under certain Revolutionary statutes, 98, early Massachusetts statute against, 108. FREEDOM OF CONTRACT, 152. HANDICRAFTSMEN, 66 to use but one trade or mystery," 22. goldsmiths' work regulated, 23. clothiers' work regulated, 24. INDICTMENT, for combinations to raise prices, very few, 3, 46, 49. People v. Fisher, 110. INTERPRETATION, of statutes changing the common law, 138. Tex. & Pac. R. R. Co. v. Interstate Commerce Comn., 191. Act examined, 171. considered in connection with "Anti-Trust" Act, 173. LABOR, right to fix prices of one's own, 153. and to combine for that purpose, 153. Commonwealth v. Hunt, 153. LABORERS, STATUTES OF, 9, 15. every person bound to serve when required, 10, 27, 28, 29. penalty for taking more than lawful wage, 11, 13, 19. found inadequate and superseded, 24, 27. hours of labor fixed, 29. certain laborers not to abandon work until completed, 30. of cloths, length, breadth and quality regulated, 35. of worsteds, inspectors to ordain rules respecting, 36, 37. enumerated by Blackstone among "Offences against Public and said by him to include combinations to raise prices, 92, 94. defined, 95. not unlawful until 21 Jac. I., 95. early Massachusetts statutes against, 101, 108. a ground for decision below in " Sugar Trust case," 169. provisions of " Anti-Trust" Act as to, 174. effects of, on prices, 181. proposed amendment to Tariff Act of 1897, as to, 192. NECESSITY, ARTICLES OF, basis of attempted distinction in People v. Sheldon, 142. no sound legal basis for such distinction, 143, 146. OFFENCES AGAINST PUBLIC TRADE, Blackstone's enumeration of, 91-93. legal injury involved was the "enhancing prices," 94, 189. this offence same whether by individual or by combination, 94. English statutes as to, never part of our law, 96. but were in minds of drafters of our early statutes, 109. (See "Prices.'') no conviction reported in this country under those statutes, 109. statutory regulation of, in early statutes, 2, 4, 9. raising of, by individuals or combinations, a crime, 2. conspiracies to raise, 2. statutes fixing, examples of, 10, 12, 16, 21, 24. enhancing, by engrossing merchandise, forbidden, 21. abandonment of attempts to fix definite prices by statute, 26. but authority given to justices of peace, etc., to fix prices of labor, of merchandise, legislation to prevent raising of, 37. attempts to ra'se, constituted crimes of engrossing, etc., 40. combinations to raise, made criminal by early statutes, 43. (See combinations to raise prices.) right of owner to fix his own price fully established in England, 83. though such an agreement might not be enforced, 83. similar experience in New England, 100. Providence resolutions of Dec. 25, 1776, 101. Massachusetts statutes pursuant to above, 101-107. logical in that they gave the public the right to buy, 105. difficulty of enforcing recognized, 107. repealed for their futility, 108. contract to fix held a crime in People v. Sheldon, 135. of "articles of prime necessity," 142. seller's right to fix his own. 143, 152. no distinction between seller of labor and of merchandise, 143. no legal right to buy at any price in absence of a statute fixing, such a statute would be unconstitutional, 150. Taylor v. Porter, 150. unless State can fix, there is no legal injury in owner's fixing his either by his own will or by combination with others, 153. no legal wrong in buyer having to pay higher, 158, 188. effects of monopolies on, 181. the proper regulation of, 182. statutory control unnecessary, 187. and inadequate, 187. PROPERTY, no right to take for private use, 150. the old statutes fixing prices practically did this, 152. suspension of this rule in times of stress, 188. PUBLIC AND PRIVATE EMPLOYMENTS, distinction between, in regard to State control, 6. opposite tendencies of the law, 7. control of public employments a necessity, 7. PUBLIC EMPLOYMENTS, right of State control now fully established, 84. distinction between, and private employments, 84. Munn v. People, 84. number of, at first small, 85. chiefly incident to use of public highways, 85. |