Commonwealth v. International Harvester Co.
Court of Appeals of Kentucky
CASE 78. — PROSECUTION AGAINST THE INTERNATIONAL HARVESTER CO. OF AMERICA FOR A VIOLATION OF THE ANTI-TRUST AND POOLING- STATUTE.— Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. Prom a judgment dismissing the prosecution! the Commonwealth appeals We 'submit that the gravamen of the offense charged, consists not only in the creation, etc., of the pool, trust, or agreement, but in putting same in operation and carrying out its purposes and provisions.
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CASE 78. — PROSECUTION AGAINST THE INTERNATIONAL HARVESTER CO. OF AMERICA FOR A VIOLATION OF THE ANTI-TRUST AND POOLING- STATUTE.— Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. Prom a judgment dismissing the prosecution! the Commonwealth appeals We 'submit that the gravamen of the offense charged, consists not only in the creation, etc., of the pool, trust, or agreement, but in putting same in operation and carrying out its purposes and provisions. The mere formation of the pool without any attempt to put it in operation, or to fix, regulate, or control the price of…
1Opinion of the Court
Opinion of the Court by
Judge Nunn
Affirming.
On the 29th day of March, 1907, the grand jury of Mason county returned an indictment against appellee, charging it with having violated: section 3915, Ky. St. 1909, which is known as the “Anti-Trust and Pooling Statutes.” Appellee entered its pleas to this indictment, and they were sustained by the court.
It is the duty of the courts to uphold, and in so far as possible to give effect to, all statutes enacted by the legislative department of the government. To this end this court, in the cases of Commonwealth v. International Harvester Company (the…
2Cases cited2 opinions
- Commonwealth v. International Harvester Co.Court of Appeals of Kentucky · 1909
- Owen County Burley Tobacco Society v. BrumbackCourt of Appeals of Kentucky · 1908
3Cited by9 opinions
- Achenbach v. KincaidIdaho Supreme Court · 1914
- Milner v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1933
- Board of Trustees of Policemen's Pension Fund v. SchuppCourt of Appeals of Kentucky (pre-1976) · 1928
- In re KesslerIdaho Supreme Court · 1915
- City of Paducah v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1933
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