The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-04-08

! Sec. EVERY person who shall mo-
nopolize, or attempt to monoDolize, OF
combine or conspire with any other
person or persons, to mOnoDolize any
part Of the trade or commerce among
the several states, or with foreign ma
items, shall be deemed guilty of mis-
demeanor, and, on conviction thereof,
shall be punished by fine not exceed
ing IS. Goo or by imprisonment not eX-
ceeding one year, or by both said pun
ishments, in the discretion of the
! court
Sec. 3.-EVery contract, combination
in form of trust or otherwise, or con-
spiracy, in restraint of trade or COM
merce in any territory of the United
States or of the District of Columbia,
or in restraint of trade or commerce
between any such territory and an
other, or between any such territory
or territories and any state or states
or the District of Columbia, or with
foreign nations, or between the District
of Columbia and any state or states or
foreign nations, is hereby declared IL
legal Every person who shall make
any such contract or engage in any
such combination or conspiracy, shall
be deemed guilty of a miSdemeanor.
and, on conviction thereof, shall be
punished by fine not exceeding S5,0O0,
or by Imprisonment not exceeding one
year, OF ny DUH SGlu III
the discretion of the court.
Sec. 4. The several circuit courts of
the United States are hereby invested
with jurisdiction to prevent and re-
strain violations 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 attorneys to institute
proceedings in equity to prevent and
in1
ceedings may be by way of petition set
ting forth the case and praying that
such violation shall be enjOined or
otherwise prohibited. When the par
ties 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 re-
straining order or prohibition as shall
be deemed just in the premises.
Sec. g. Whenever it shall appear to
the court before which any proceedings
under 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 in which the
court is held or not; and subpOenas to
that end may be served in any dis
trict by the marshal thereof
Sec. 6. Any property owned under
any contract or by any combination,
or pursuant to any conspiracy (and
being the subject thereof mentioned
the course of transportation from one
state to another, or to a foreign coun-
try, shall be forfeited to the United
States, and may be seized and con-
demned by like proceedings as those
provided by law for the forfeiture,
seizure and condemnation of property
imported into the United States con-
trary TO law.
Sec. Z. Any person who shall be in
jured in his business or property by
any other person or corporation by
reason of anything forbidden or de-
clared 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 three
fold the damages by him sustained
and the costs of suit, including a rea-
SOnable attorneys fee.
Sec. s. That the word person." or
persons" wherever used in this act
shall be deemed to include corpora
tions and associations existing under
United States, the laws of any of the
territories, the laws of any state, or the
laws of any foreign country.
Approved July ,. 1890.
QUESTION OF DISSOLUTION.
On the question of dissolution the
court holds:
An an answer to the fact of the dis
solution of the association it is shown on
2 ia no f-f of no
very defendants, or most of them, i'm
entered into a substantially
similar agreement, which was to re-
main in force for a certain time, and
in regard to which it does not appear
that they are not still acting. 1t the
mere dissolution OF the association
worked an abatement of the suit as to
all the defendants, as is the claim made
on their part, it is plain that they have
thus discovered an effectual means to
prevent the judgment of this court
given upon the question really involved
in the case. The defendants having
in the court below. it would
only be necessary thereafter to dissolve
their association and instantly form an
other Of a similar kind, and the fact of
the dissolution would prevent an ap-
peal to this court or procure its dis
missal if taken. This result does not
therefore, the first ground argued by
the defendants for the dismissal of the
appeal is untenable.
Coming to the merits of the suit JUS
tice Peckham states that there are two
important questions which demand eX-
animation. They are, first, whether the
trust act applies TO and covers common
carriers by railroad; and if so, second,
does the agreement set forth in the bill
violate any provision of that act?
AS TO COMMON CARRIERS.
AS to the first question. the court
held:
a contract that is in restraint of
trade or commerce is by the strict Ian
guage of the act prohibited, though
such contract is entered into between
common carriers by railroad. and only
for the purpose of thereby affecting
traffic rates for the transportation of
persons and property. If such an agree
ment restraints trade or commerce it is |
prohibited by the statute, unless it can
be said that an agreement, no matter
what its terms, relating only to trans
portation, can not restrain trade or
We see no escape from the |
conclusion that if any agreement of |
such nature does restrain it, the |
agreement is condemned by this act. It !
cannot be denied that those who are /
in the transportation of per-
sons or property from one state to an
other are engaged in interstate COM
merce, and it would seem to follow that |
# such persons enter into agreements
between themselves in regard to the
to be secured from the !
owner of the al ticles transported, such
agreement would at least relate to the
business of commerce, and might more