Brief for the United States (1914)

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12 PART II. competition, were declared unlawful. In the same case the court said that a corporation 0T\Tied jointly by a number of defendant railroads in order to prevent the construction of a competing railroad was an unlawful instrumentality to prevent competition. In the Cotton Corner case {U, S. v. Patten, 226 tJ. S., 525), a conspiracy between persons not engaged in commerce to run a corner in cotton and thwart the usual operation of the laws of supply and demand was held to be within the act. In United States v. Pacific tf Arctic Raihvay cf Navigation Co. (228 U. S., 87), the court held unlawful a combination between a number of noncompeting carriers, forming a continuous line of transportation, against a carrier competing with one of the parties to the combination on part of the through route. In Bauer v. O'Donnell (229 U. S., 1) the court made the same ruling in respect to patented articles that it had made in the Dr. Miles Medical Co. case {supra) in respect to unpatented articles and in Bohhs-Merrill Co. v. Straus (210 U. S., 339) in respect to copyrighted books, holding that a patentee may not limit the price at which future retail sales of the patented articles may be made. In Straus v. American Publishers' Association (231 IT. S., 222) the court declared that the copyright act does not authorize the making of an agreement respecting commerce in unc()])yright(Ml l)()oks,