United States v. Patterson
U.S. Circuit Court for the District of Massachusetts
At Law. Indictment in 18 counts against John H. Patterson and others for violating the act of July 2, 1890, entitled "An act to protect trade and commerce against unlawful restraints and monopolies,” (26 St. p. 209, c. 647.) Heard on demurrer to the indictment. Judgment overruling the demurrer as to counts 4, 9, 14, and 18, and sustaining it as to the others.
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At Law. Indictment in 18 counts against John H. Patterson and others for violating the act of July 2, 1890, entitled "An act to protect trade and commerce against unlawful restraints and monopolies,” (26 St. p. 209, c. 647.) Heard on demurrer to the indictment. Judgment overruling the demurrer as to counts 4, 9, 14, and 18, and sustaining it as to the others. The sections of the statute immediately in question here are the following: ' “Section 1. Every contract, combination, in tlie form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states or with…
1Opinion of the Court
PUTNAM, Circuit Judge.
I do not think there is any constitutional question in this case upon any view of this statute, or upon the face of the indictment. The right of free commerce granted by the constitution (Crandall v. Nevada, 6 Wall. 35, and the Case of State Freight Tax, 15 Wall. 232) permits broad legislation; and in no' sense is this statute as broad as the Revised Statutes (section 5508) on the principle of construction applied to the latter in U. S. v. Waddell, 112 U. S. 76, 5 Sup. Ct. Rep. 35. See Logan v. U. S., 144 U. S. 263, 12 Sup. Ct. Rep. 617. There may be practical…
2Cases cited11 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- United States v. HessSupreme Court of the United States · 1888
- Crandall v. NevadaSupreme Court of the United States · 1868
- Reading Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
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3Cited by25 opinions
- United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
- United States v. WiseSupreme Court of the United States · 1962
- Thomas v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1894
- United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
- United States v. Pullman Co.District Court, E.D. Pennsylvania · 1943
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