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 #:
000277
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:
June 06, 2024
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205 rxistiiii;-, it tends to liiulicr r.itcs. ((hiifed Staff's v. Jit'nif Traljic A ssociaf ion , snjtra, 7)11.) It directly tends to less activity in furiiisliin^* tlie ])ul)li(' with j)roiiii)t and ofB(uciit service in carrying and handling freight and in carrying passengers, and in attention to and prompt adjnstment of the demands of patrons for losses, and in these respects puts interstate commerce under restraint. Nor does it make any difference that rates for the time being may not be raised and much money be spent in improvements after the combination is effected. It is tlie scope of such combinations and their power to su])press or stifle competition or create monopoly which detennines the applicability of the act. (Pearsall v. Great Northern Railway Co., 161 U. S., 646, 676; United States v. Joint Traffie Association, supra.) * * * -X •)(■ (93) The purchase may be judged by what it in fact accomplished, and the natural and pi'obable consequences of that wiiich was done. Because it would have been lawful to gain, by purchase or otherwise, an entrance into California over the old Central Pacific, does not render it legal to acquire the entire system, largely engaged in interstate commerce in competition with the purchasing road. Tn determining the validity (^f this combination we have a right to look also to the intent and ])urpose of those who conducted the transaction from wdiich it arose and to