Daily press. [volume] (Newport News, Va.) 1896-current, 1908-09-29

Yet in many countries In Europe an
in which there is a tolerable share
freedom. this kind of law, has usual.
been tolerably we'll executed. But tn
PRINCIPAL cause to which the ineXecI
ton OF this portion OF the common
law is owing, in the United states
the easy and indulgent temper ant
character OF the people generally, wht
have ever been disposed TO snffe'
themselves to lee cheated and tnmpos
ed upon in these ways. by these
kinds OF offenders. in hundreds OF
instances complaining generally. but
never prosecuting" Therefore,
B. IN ENGLAND-ln order to ascer
tain more exactly what should be
deemed the forms of these offences
with us. let us renew our inquiry as
to what they We're in England when
our country was settled.
523. ENHANCING PRlCES-FORE
STALLING. EXERCISING, &c.-in
Russell on Crimes. we have the fol
lowing: Every practice or device by
act, conspiracy, has been held TO be
unlawful; as being prejudiced to
trade and commerce. and injurious TO
the public in general. Practices oil
this Kind come under the notion OF
forestalling; which anciently compre-
hended in its Specification regratlng
and engrossing, and all other offences
OF the like nature. Spreading false
rumors, buying things in the market
before the accustomed hour, or buying
and selling again the same thing In
the same market, are offences of this
kind. Also il a person within the
realm buy any merchandise In gross.
and sell the same again in gross. II
has been considered to be an offence
OF this nature, on the ground that the
price must be thereby enhanced. as
each person through whose hands 1t
passed would endeavor to make ms
profit of 1t. So the bare engrossinS
CT whole commodity, with an intent
to sell at an unreasonably price. is an
offence indictable at the common law;
for if such practices were allowed. a
rich man might engross into his
hands whole commodity and then
sell it at what price he SHOULD think
fit. And so jealous is the common
law OF all practices of this kind that
it has Teen held contrary to law to
sell corn in the sheaf; upon the sup
position that by such means the mar
ket might be in effect forestalled.
Further as to which,
524. I. STATUTES.-The author
adds. that the offences Of fOrestailng
regrating. and engrossing were for a
considerable period prohibited by
statutes.
525. APART FROM STATUTES
Russell proceeds: 1T has been some
times conten ded that forestaling. re-
grating, and engrossing were punish
able only by the provisions of these
statutes; but that doctrine has not
been admitted. and they still con-
tinue offences at common law; though
their precise extent and definition at
the present day may perhaps admit OF
some doubt" Where, in this country,
5 & 6 Edw. 6, c. IA. has not been re-
pealed. we have not the same occasion
for doubt whether these are common
law offences, but we have the doubt
as to their precise extent and nature.
SIG. FORESTALLING, WHAT IN
reason, forestalling,
considered apart from engrossing and
re2rating, seems to be committed
whenever a man by raise news. or
by any deception, gets into his hands
a controlling quantity of any one ar
ticle of merchandise, and holds 1t for
an undue profit, thereby creating a
perturbation in what pertains to the
public interests. II he circulates the
false news or uses the other decep'
ton to enable others to operate IN
this way, or to operate himself, but
fails still he has committed, II not
the full offence, at least the criminal
attempt.
5a7. ENGROSSING,- US, must
doubtless be deemed Of kin to the
foresAlling of the English common
law And whenever a man. to com
pei the flow of things in trade out
of its natural channeI and obtain an
undue profit, purchases large quaint
ties Of an article Of merchandise, hoio
ing it, not for fair rise, but TO ex'
tort from buyers much larger prices
than what he knows to be regular
sustainable in the market, he may, on
principle, be deemed with US to be
guilty Of the common-iaw offence Of
engrOssing.
52s. REGRATING.-It Is not. easy
to see how simple regratine. as De
fined by blackstone, and distinguish
ed from forestalling and engrossing
can be a common-law offence In this
country. We may expand the dennf
ton, and thus make it such; but the
terms "forestal!ing" and "enerossing
would seem to cover all practica
forms of the offense as properly un
derstood In this country.
$50. The country would be nothine
without population. and neither the
government nor the people could main
tain a standing in the civilized worid
without the accumulation which W
term wealth. From this source com'
the common and statutory laws
AGAINST abortion. homicide. mayhem
;dlepess and the cher yrongS defin