The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-07-08

monopoly. as such. unless II be monopoly
Of commerce among the States or Win for>%
"a Congress cannot limit the rights of
persons or corporations in the mere &C
erty or regulate the price at which such
property may be sold. or make criminal tne
% onS,r np of Which the
States of their residence or creation sane
ton or permit.
IS. When commerce begins is determined
not by the character of the commodity nor
the intention of the owner to transfer IL 10
another State for sale. nor by his prepare
ton of ii for transportation. but py us
actual delivery to a common carrier Tor
transportation. or by the actual commence.
ment of its transfer TO another State. Al
that time the power of the State 10 regulate
ceases and that of Congress attaches ana
continues until IL has reached another
State and becomes mingled with the genera
mass of property in the latter State
IS. Contracts to buy and sell or excnanes
goods to be transported among the several
States. the transportation and its instru-
mentalities and articles bought. sold or ex-
changed in the business of such transit
among the States and in the way OF trans,
fer, may be regulated because tney loihi
a part OF interstate trade or commerce
-. The fact that an article Is manulac-
tured for export in another stare does nov,
in itself make il an article of Interstate
commerce The intent of the MANUFACTURED
does not determine when the artlcie OF
product passes from the controi OF the S'a'e
and belongs to commerce.
IS. The case of the Addystone Pipe Com,
pany. decided by Judges Harlan, TAFT ts; ana
Lurton presents ns s1uareiy or 'n combination
which is not a contract 10 buy, sell OF eN-
change goods to be transported among tne
several States, but when Is ,meeiuiT in
the sale of goods in one State 10 De ue-
Iivered from another. is interstate commerce.
subject to regulation by Congress
''if the courts should decide that Con-
gress has the power TO enjoin the making u
carrying out of such an agreement }" 49,
.l.+ a.
upon the regulation of capital ny persons er,s
or corporations engaged in private EN-
ployments. They would still have power 10
buy and sell and exchange gooos 10 oe
transported among the several States Ihey
could not be compelled to sell their prouucls
in any particular territory or to any parmncu LIEU.
lar person. or at any fixed prices Ihey
would have power to do these things. eacn
acting for ITSELF without any comoina0oh
or agreement whatever
POWER OF THE STATE.
1.-The State has unquestionable power Win.
in its boundaries TO make void all contracts.
combinations or conspiracies in restraint OF
domestic trade or commerce, and TO impose
penalties upon parties making such con-
tracts and entering into such combinations.
But where there is no combination. con-
spiracy or agreement TO restrain trade or
commerce it cannot deprive any person OF
his liberty or property by restraining him
making such contracts in the acquisition.
use and disposition of his property as may
be necessary successfully to carry on any
such pursuit.
of capital in one kind of business inevita-
bly, tend to prevent competition does not
aHthorize the state to prevent ahem
to restrain trade: 1t cannot limit the
amount of capital that persons engaged
In private employments shall employ IN
fhni hi,cin amount
they shall buy or sell. nor prescribe what
prices they shall pay or receive. nor the
prevent them from buying from foreign cor
poratio in other States, nor can 1t in any
way control or regulate the business OF sucn
corporations in other States.
Nor, have stated, can 1t prevent
or control the action of domestic corpora
tons acting within the scope and limits OF
their corporate authority in extending their
business, and increasing their capital, UNI
less by revoking their charters, and this
cannot be done where such power OF re-
vocation is not reserved in the grant
Nor can it prevent the purchaser of
property in another State from a corpora
ton organized under the laws of another
State from importing such property into
the State of his residence.
Nor from selling such property to other
citizens of the State of his residence, ex-
cept such as may be harmful or dangerous,
and the sale of which may, therefore, be
restrained under the police power. And the
exercise of such restraint under the police
power upoH TIC Sdic VI piouuOtS
ing the safety of the public must be a
general law, which deprives person or
corporation of the equal protection of the
laws.
THE State must preserve peace and en-
force order to protect the liberty OF all,
and it must regulate the acts and contracts
of all persons within its dominion. including
combinations OF capital and of labor within
the limitations imposed by the organic law.
but no regulations can be made which will
destroy impair the historic rights of lib
erty and property, upon which our present
social order is based"