Brief for the United States (1914)

Record Details:

Title:
Brief for the United States
Date:
1914
Publisher:
Washington, D.C. : United States. Government Printing Office. Office of the Public Printer
Volume:
Brief for the United States
Leaf #:
00019
Language:
English
Collection:
Books and Government & Law
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
{"Media History Digital Library","Richard Koszarski",Domitor}
Coordinator:
Media History Digital Library
Description:
Date Added:
November 08, 2023
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I'.MM' II. 7 IV\in II. GENERAL PRINCIPLES OF LAW. hi \w\\ of the many occasions on which the Supreme Court has hccn called upon to intcrpi'ct and apply the Sherman Act, and |)ai't icularly in x icw (►t* the recent interpretation and ap})lieation of the act by that court to the facts as presented in the Standard Oil and Tohdcco cases, it wouhl sci've no useful purpose, but would extend this brief to unreasonable limits to review the numerous decisions of the courts under the Sherman Act since that act became the law 24 years ago. The fundamental principles underlying the Sherman Act were lucidly set forth by Mr. Justice Harlan in the Northeru Senirities case (193 U. S., 331). Prior to the Standard Oil decision the tenns " restraint of trade," " monopolization," attempt to monopolize" had not been authoritatively defined in this country. In that case the court held that these terms in their rudimentary meaning took their origin in the common law and were also familiar in the law of this country at the time of the adoption of the Sherman Act. The statute generically enumerates the character of acts which it prohibits and the wrong which it was intended to prevent. Protection of the public by the prevention of the monopolization of trade or commerce and by the prevention of an undue restraint on commerce is the foundation upon which