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ENGROSSING,

of butter and cheese, prohibited ; penalty therefor, 38.

(See Forestalling, etc.)
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.
examples of statutes against, 38, 39, 41.
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statutes repealed, 1772, 48.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,"

91, 92.
English statutes as to, never part of American law, 96-98.
never crimes here except under certain Revolutionary statutes, 98,

189.

early Massachusetts statute against, 108.
FREEDOM OF CONTRACT, 152.
HANDICRAFTSMEN,

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.
under New York statute of conspiracy, 110.

People v. Fisher, 110.
INTERPRETATION,

of statutes changing the common law, 138.

Tex. & Pac. R. R. Co. v. Interstate Commerce Comn., 191.
INTERSTATE COMMERCE,

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.
wages fixed, 11, 16.

penalty for taking more than lawful wage, 11, 13, 19.
penalty for giving to beggars, 12.
found inadequate and superseded, 24, 27.
hours of labor fixed, 29.

certain laborers not to abandon work until completed, 30.
MANUFACTURES,

of cloths, length, breadth and quality regulated, 35.

of worsteds, inspectors to ordain rules respecting, 36, 37.
MONOPOLIES,

enumerated by Blackstone among “Offences against Public

Trade," 92.
and said by him to include combinations to raise prices, 92, 94.
but not so with accuracy, 94, 95.
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.
but not approved in Court of Appeals, 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.
difficulty of determining what are, 143.

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.
PRICES,

statutory regulation of, in early statutes, 2, 4, 9.
raising of, by individuals or conibinations, 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,

26, 30, 31.
of merchandise, legislation to prevent raising of, 37.
attempts to ra’se, constituted crimes of engrossing, etc., 40.
the same whether act of individual or combination, 40, 83.
statutes to keep prices up, examples of, 42.
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.
combinations to raise, never criminal at common law, 83.
though such an agreement might not be enforced, 83.
English statutes fixing, never part of our law, 96.
early American attempts to control, by statute, 98.
Resolutions of Congress of Nov. 22, 1777, 98.
New York statute pursuant to the above, 100.
repealed the same year, 100.
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,

149.
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

own, 153, 189.
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.

its province increasing, 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.
innkeepers, 85.

carriers, 85.
English statutes as to carriers, 86–88.
course of English law as to, reverse of course as to private em.

ployments, 88.
same with American law, 117.
great increase in control of, 117.
due to increase in number of, 117.
and because property acquired by eminent domain, 117.
large number of statutes regulating railroads, 117.
also cases of intervention of courts by mandamus, 118.
People v. New York Central, etc. R. R. Co., 118.
Munn v. People, 124.
warehouses there in question virtually part of the highways, 129.

New York statute creating Railroad Commissioners, 130.
RAILROADS,

(See Common Carriers ; Public Employments”).
REGRATING,

(See Forestalling," etc.).
RESTRAINT OF TRADE,

English law as to contracts in, 50.
may not be enforced, 49, 82.
but not criminal, 49, 82.
and not violations of legal rights of others, 49, 83.
Mogul S. S. Co. v. McGregor, 50.
American courts have even enforced such contracts, 159.
Diamond Match Co. v. Roeber, 160.
Leslie v. Lorillard, 164.
Tode v. Gro88, 166.
Mattheus v. Associated Press, 167.

People v. North River Sugar Ref"g Co., 168.
ROYAL COMMISSION ON MASTER AND SERVANT ACT,

extract from report, 156.
SERVANTS,

diet and apparel of, regulated, 23.
unmarried under thirty, must serve when required, 28.
not to be put away except for reasonable cause, 28.
nor without one quarter's warning, 28.

women, wages and service of, to be fixed by justices, etc., 33.
STEPHEN, SERJEANT,

definition of crime, 148.

modification thereof, 149.
TRUSTS AND MONOPOLIES,

recent revival of ancient fears respecting, 4.
modern legislation on same line with ancient, 37, 192.
provisions of “ Anti-Trust” Act as to, 174.
no basis for alarm on account of, 180.
proposed amendment to Tariff Act of 1897, as to, 192.

WAGES,

To be fixed by certain officers, 30, 31.
penalties for giving or receiving higher than lawful, 32.
exceptions of day laborers in harvest, 32.
authority of officers to fix wages extended, 35.
as a result of inefficiency of previous statute, 35.
these statutes not repealed until 1875, 35.
combinations to raise or reduce, not a crime at common law, 97.
Commonwealth v. Hunt, 96.
Commonwealth v. Carlisle, 97.
Bishop's Criminal Law, 97.
New York Statute as to conspiracy and decisions thereunder, 109, 110.
(See“ Conspiracy.”)

WHOLE NUMBER OF PAGES 218.

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