The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1893-12-16

ton generally and 5, IN that or me-
chanc,h employment IA contredistnctlon
TO agricultural and the liberal arts. Or
binary when we speak Of trade" We
mean commerce or something OF that M
tire. nnd when we speak OF "a trade we
mean an occupation In tho more general
or limited sense.
In law the words restraint OF trade are
fairly well defined aud the question pre-
sents itself whether Ia the use Of the words
restriction he trade the legislature meant
10 use the word trade" In the last sense
or az the mere equivalent or commerce
or traffic For contracts IN restraint OF
trade TO be unla they must be un-
reasonable. The rule as TO contracts has
been appiled without question TO very
varied empioyments. to professional men
such as attorneys-at-law and physicians
as well as to merchants. While party
may bind himself for an adequate con-
sideraton the limits of prescribed To-
cnlities provided tho limits be reasonable
he can not bind himself not to follow
his trade in any place whatever. An agree
ment between two or more persons by
which one Of them undertakes TO bind him
self not to follow his trade or to practice
hts profession In a territory Of prescribed
limits is "a combination wi'nin the mean
Ing Of the statute under consideration.
contract between two or more to do
hinr is combination OF acts
~ such persons 20 bring about the per
Torrance Of the contract. II is upon this
theory IN part that the charge In the pc
ttion ia based The clause In the act
which we are endeaVOring TO construe
makes no difference between restrictions
iu restraint OF trade which are reasonable
and those which are unreasonable. 1t is
unreasonable TO suppose that the legisla-
ure intended to make such law. The
auense may be punished by confinement
fra the peni;entlary and ia therefore
felony. We do not think that II was the
purpose OF the LEGISLATURE to give the
wbrd ftraden so comprehensive a meaning
as would shbieyt Hl,parties TO contracts
In restraint or|tradei (asIthese terms are
understood at common law to sug hegB
penalties; and conclude that the woId
must be construed in a more restricted
sense and as synonymous with traffic
In this sense II embraces the buying and
selling of any article of commerce. but
1t does not embrace the business OF insur-
anco. which Is trade only in the sense that
b. IS an occupation or employment. II,
therefore. the acts charged In the petit
tlau are punishable under the statute they
must be denounced by some other provi-
SION. ls the contract OF insurance ma ar
dele Of commerce or Commodity
within the meaning Of these terms as
used? II was held in Paul VS.. Virginia,
Wall, ifs that the business II insur-
auce carried on IA one state by a COM
pany chartered 10y another was not com
MERGE between the State9 To say that
Insurance Is an article Of commerce is|
r. construction sim more strained. II
rs am aid to commerce, but not commerce
Itself The word commodity has two sig
uidcatiou8. ia its comprehensive sense IL
means "commercc;' va its ordinary sense
10 means any movable or tangible thing
used as the subject OF barter or sale and
we think this was the meaning Intended
{. "a, frf,tY to 3 1,ss 11t laHria1n
mraucc VS. not produced or consumed and
is not within the plain import Of the Ian
guage employed in the act
Considering the statute from the point
Of view afforded by It's title we do not
think the term trust is employed in a
technical legal sense. The meaning OF the
word has been extended so as 10 comprc-
bend combinations of corporations or cap
itulists for the purpose Of controlling its
price Of articles Of prime necessity or the
charges Of transportation people vs..
North River Sugar Refining company,
12t n. y $50; Texas, ETC. oil company
VS.. Ad0uc 50 Texas. $500
There are two classes Of combinations
which often become coutouuded. The one
between producers or dealers 10 limit the
supply Of an article so as to acquire ii
monopoly OF - and thus unreasonably en-
hance prices The other IS whore corpora /
lions OF guasie public character enter |
into % contract restriction Of its business /
we think n was TO combinations Of this |
character that out statute was intended /
10 apply.
ON conclusion IA thnt the case stated /
M the petition does not come within the /
provisions Of the statute, but we are not
prepared % concur IN the holding that the |
whole not Is V0id Trusts ~ defined are /
not expressly declared unlawful but pun /
ishmeut and torfeilmcs are provided and /
ID is reasonable 10 presume that the nets /