Court : US Supreme Court
..... , the lawmaking branch of the government, with full knowledge of that decision, has refused to change the policy it had declared, or to so amend the act of 1890 as to except from its operation contracts, combinations and trusts that reasonably restrain interstate commerce. but those who were in combinations that were ..... from that organization fortifies the foregoing conclusions, since the development which came, the acquisition here and there which ensued of every efficient means by which competition could have been asserted, the slow but resistless methods which followed by which means of transportation were absorbed and brought under control, page 221 u. ..... intent; the division of the united states into districts and the limiting of the operations of the various subsidiary corporations as to such districts so that competition in the sale of petroleum products between such corporations had been entirely eliminated and destroyed, and, finally, reference was made to what was alleged to .....
Tag this Judgment!Court : US Supreme Court
..... left no choice between having to forego his needed revenue, or else handicapping with this tax the business of her own citizens and home corporations in their competition with foreigners for the business to be done here." and his decision was followed in the present case. this court has had repeated occasion to consider ..... jurisdiction. the levying of a tax upon incorporeal things, such as abstract credits, not in so-called 'concrete' form, and without tangible shape, violates the fourteenth amendment of the united states constitution." the asserted distinction cannot be maintained. when it is said that intangible property, such as credits on open account, have their situs ..... upon the assessment list all property subject to taxation, and provides as follows: "provided further, that in assessing mercantile firms the true intent and purpose of this act shall be held to mean the placing of such value upon the stock in trade, all cash, whether borrowed or not, money at interest, open accounts, .....
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..... from the monastery, the monks were entitled to protection against the infringement of these marks, which were their exclusive property, as well as against unfair competition. the next inquiry is with respect to the effect of the liquidation proceedings in france. upon the application of the procureur of the republic, the ..... without prejudice to any future application. the decree is reversed, and the cause is remanded with directions to enter a decree in favor of the complainants, amending the decree entered in the circuit court in accordance with this opinion, and the order in the contempt proceeding is affirmed without prejudice to any future application ..... or abandonment, quoted with approval the definition of de maragy, in his international dictionary of industrial property, as follows: "abandonment in industrial property is an act by which the public domain originally enters or reenters into the possession of the thing (commercial name, mark, or sign) by the will of the legitimate .....
Tag this Judgment!Court : US Supreme Court
..... was concerned. the motion was overruled, and later the court found that each of the defendants had entered into a combination in restraint of trade, and prevented and destroyed competition. and it was adjudged that the defendants had each forfeited their right to do business, and they were each ousted of any and all right and franchise, and ..... consider the collateral questions as to whether the suit abated against the republic oil company when it gave notice of its withdrawal from the state, nor whether the act of 1907, amending the anti-trust act, operated to relieve the defendant from the penalties for all combinations in restraint of trade entered into prior to the adoption of the ..... oil company, a domestic company, alleging that between the ___ day of ___, 1901, and march 29, 1905, they had formed and maintained a combination to prevent competition in the buying, selling and refining oil to the great damage of the people of missouri. the information contained no reference to the antitrust .....
Tag this Judgment!Court : US Supreme Court
..... than in other sections, after equalization for distance, is a constitutional exercise of the police power of the state, and is not unconstitutional under the fourteenth amendment as depriving persons having more than one place of business in the their property without due process of law or as denying them the equal protection of the ..... of possible abuses. it may direct a law for the protection of trade in accord with its policy against one particular instrument of trade war. the fourteenth amendment does not prohibit state legislation special in character. the legislature may deal with a class which it deems a conspicuous example of what it seeks to prevent ..... several lumber yards along a line of railroad, in the interest of independent dealers. all competition, it is added, imports an attempt to destroy or prevent the competition of rivals, and there is no difference in principle between the prohibited act and the ordinary efforts of traders at a single place. the premises may be conceded .....
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..... . pfaelzer, a copartnership doing business under the firm name and style of louis pfaelzer & sons. the bill sought to enjoin violations of 2, 6, and 20 of the interstate commerce act, as amended, 24 stat. 379, c. 104; 34 stat. 584, c. 3591; 36 stat. 539, c. 309, and of 1 of the elkins law, 34 stat. 584, c. ..... yard company. it is stated in the answer of the stock yard company and stands admitted in the case that there are other competitive stockyards in the united states which have built up their business in competition with it by offering and giving inducements, either in the shape of land or money, to packing houses and other industries to ..... by railroads such as are described, are the stock yard company and the junction company subject to the terms of the act to regulate commerce, and bound to conform to its requirements? the interstate commerce act, as amended by the hepburn act, 34 stat. 584, 1, c. 3591, applies to common carriers engaged in the transportation of persons or property from .....
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..... , but it may at least page 226 u. s. 370 remove illegal barriers resulting from illegal agreements which will make such competition impracticable. whether a particular act, contract, or agreement was a reasonable and normal method in furtherance of trade and commerce may, in doubtful cases, turn upon ..... railroads, through their subsidiary coal companies, severally made with other collieries, these combiners withdrew and still continue to withdraw such product for all time from competition either in interstate transportation or sale. to my mind, there is no more subtle and effective agency for the gradual, unnoted absorption by interstate carriers ..... the lehigh & wilkesbarre coal company; the pennsylvania coal company; the hillside coal company; the reading company, and the temple iron company. by an amendment, certain other defendants were brought in, consisting of holders of contracts made by independent operators of coal mines and trustees holding securities which might be affected .....
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..... fluctuations in the price of raw material, labor, and other elements of expense of production, and the different qualities of bread, and as a result of competition. there is a considerable demand in chicago, especially in the restaurant trade, for bread in weights differing from those fixed by the ordinance. in some parts of ..... and limitations thereon by police regulations of the state are frequently necessary in the interest of public welfare, and do not violate the freedom of contract guaranteed by the fourteenth amendment. c., b. & q. r. co. v. mcguire, 219 u. s. 549 . the ordinance of chicago of 1908 enacted under legislative authority, fixing standard ..... not denying equal protection of the laws. the right of the legislature, or the municipality acting under state authority, to regulate trades and callings in the exercise of the police power without federal interference under the due process clause of the fourteenth amendment is also well settled. gundling v. chicago, 177 u. s. 183 . the .....
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..... 600 argued october 17, 18, 1912 decided january 20, 1913 227 u.s. 88 appeal from the united states commerce court syllabus the act to regulate commerce, as amended by the hepburn act, gives a right to a full hearing on the subject of rates, and that confers the privilege of introducing testimony and imposes the duty ..... comparison with others. this was denied by the carrier. the commission considered evidence and made findings relating to rates which the carrier insists had been compelled by competition and were not a proper standard by which to measure those here involved. the value of such evidence necessarily varies according to circumstances, but the weight to ..... is peculiarly for the body experienced in regard to rates and familiar with the intricacies of ratemaking. when rail rates are advanced with the disappearance of water competition, no inference adverse to the railroad can be drawn, but when the old rates had been maintained for several years after such disappearance, there is a .....
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..... advantages of their adverse situation and share those of the parties with whom they contend. the statutes of the united states, when they do not attempt to prohibit competition with national banks, do not forbid competitors to succeed. the specific discrimination pointed out is that, under the kansas statutes, the national banks do not share ..... of their contracts will be impaired and they will be deprived of the property without due process of law, contrary to article i, 10, and the fourteenth amendment of the constitution. the section of the statute specified as having this effect is 4, which contemplates the primary application of the assets of the bank and ..... march 17, 1913 228 u.s. 1 appeal from the circuit court of the united states for the district of kansas syllabus the kansas bank depositors' guaranty act is not unconstitutional as against national banks either because it discriminate against them in favor of state banks, impairs the obligation of exiting contracts, or deprives them .....
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