The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-10-03
Dole S
Ruling
On Trust
LEGAL PROPOSITIONS SET FORTH
REGARDING TRUST LAW BY
THE FEDERAL JUDGE.

Judge Dole's beef trust decision of
yesterday is one of the most interest
ing, to members of the bar, that has
been delivered here for a long time.
In some way or other, nearly every
local law firm of prominence is in the
case, and it is also of Importance as
affecting the lumber trust case, which
is pending in the same court.
The beef trust" if it was one, is
said to have gone out of existence af-
ter the filing of the suit, new methods
of dealing with the meat supply hav-
ing been adopted. The suit, however,
will be fought to a finish, and the gov
eminent expects to get an injunction,
directing the meat growers and the
market company to refrain from en-
gaging in any combine
Ten legal propositions ruled upon by
the judge in the case, were set forth
| by him in the syllabus as follows:
Competition in trade and commerce.
Competition is essential to trade and
commerce from the point of view and
in the interest of the public
Combination to destroy competition.
Combinations to destroy competition
are within the act of July 2, 1890 (26
Stat L. 2O9), known as the antitrust
act, as combinations in restraint OF
trade or commerce
Restraints of trade and monopolies.
while all restraints of trade are not
monopolies, all commercial monopolies
are probably restraints of trade. A
combination to effect a monopoly in
Territory is therefore combination in
restraint of trade and Is within the
third section of the antitrust act.
"Practice.-Bill for enforcement of
antitrust act:-It is sufficient if bill
for the enforcement Of the antitrust
act shows that a combination in direct.
restraint of trade or commerce, with
sufficient power for the accomplish
ment of that object, has been entered
into. without showing that any means
have been taken to carry out such op-
! ject.
Combination in restraint of trade
Iniunction:-A combination of nearly
all of the graziers and Wholesale deal
ers in beef cattle and fresh beef in the
Territory of Hawaii and q corporation
engaged in the wholesale and retall
trade in beef cattle and fresh beef III
such Territory, whereby the former
agree not to engage in such retall
trade as competitors of the latter not
TO deal in beef cattle or fresh beef with
anv competitor of the latter and 10
nrevent and discourage importauons OF
beef cattle and fresh beef by outsiders
in favor of competitors of any menu
her of the combination, and whereby
such corporation agrees to purchase its
entire demands for beef cattle ana
fresh beef from the former in equal
nortions at an agreed price, which
should be the same for each of them
and should not be changed by the sup
nlv or demand of beef cattle ana Iresh
beef in the localities supplied py ~
NOT TO produce deal in or import sucu
commodity other than it purchased
from the former and would proven
ond discourage importatiOns Thereon py
outsiders. in order to control prices u
beef cattle and fresh beef to dealers
ord consumers in the Territory ana 10
destroy competition among thenlselNe'
and monopolize the trade In peer c".-
.t1a and fresh beef in the Territory 10
an illegal combination within 'he
meaning of the antitrust act ana may
he restrained and enjoined in an acIloil
nv the United States.
..iT,,1oyfu, combination.-Acts to eff
feotuate-Not necessary to a case un-
der the antitrust act that the acIs az
legged to have been done or agreed u
be done to carry out the unlawful com
bination, shall in themselves be una"
full. IN
"Agreement.- Mutuality.-Whe an
agreement intrinsicalTy shows mutual-
ity between parties to it, it rs sufnclenl
without an express statement OF such
mutually.
"Combination in restraint of trade
Construction-The words of the stat
ute lin restraint of trade cover poIll
the meaning of the words for restrain
of trade indicating intention and the
broader meaning of a scheme whose
main res ult must be restraint Of trade
whatever it's ostensibe purpose.
Reasonable restraint of trade.-The
words of the statute allow no exception
on the ground of the reasonableness OF
/. ! a restraint ana IL IS not ulllIeu ~ "H
reasonable restraints. But combina-
ton to effect some lawful purpose but
which remotely and incidentally re-
strains trade is not within the statute
the intent being absent. comoina-
ton, however, whose main result must
be direct restraint of trade, is within
the act, whatever its ostensible pur-
pose, for the parties thereto cannot be
ignorant of such necessary and para
mount effect.
Practice.-Allegations as to re-
straint of trade.-Not necessary to
show in proceedings under the anti
trust act that restraint Of trade is
actually effected or made complete by
the combination complained Of"
, VVOnn T.IgAUES EOR COAST