Hearings on H. Res. 813

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U.S. Government Printing Office, 1911 - Trusts, Industrial - 60 pages

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Page 39 - SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act ; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the attorney general, to institute proceedings in equity to prevent and restrain such violations.
Page 44 - That to vitiate a combination, such as the act of Congress condemns, it need not be shown that the combination, in fact, results or will result in a total suppression of trade or in a complete monopoly, but it is only essential to show that by its necessary operation it tends to restrain interstate or international trade or commerce or tends to create a monopoly in such trade or commerce and to deprive the public of the advantages that flow from free competition...
Page 44 - Again, all the authorities agree that in order to vitiate a contract or combination it is not essential that its result should be a complete monopoly ; it is sufficient if it really tends to that end and to deprive the public of the advantages which flow from free competition.
Page 47 - We, the undersigned, in order to form a corporation for the purposes hereinafter stated, under and pursuant to the provisions of the act of the legislature of the State of New Jersey, entitled "An act concerning corporations (revision of 1896)," and the acts amendatory thereof and supplementary thereto, do hereby certify as follows: I.
Page 50 - Any officer elected or appointed by the board of directors may be removed at any time by the affirmative vote of a majority of the whole board of directors.
Page 49 - In the event of any liquidation or dissolution or winding up (whether volunT tary or involuntary) of the corporation, the holders of the preferred stock shall be entitled to be paid in full both the par amount of their shares and the unpaid dividends accrued thereon before any amount shall be paid to the holders of the common stock...
Page 10 - No scheme or device could more certainly come within the words of the act — "combination in the form of a trust or otherwise ... in restraint of commerce among the several States or with foreign nations," — or could more effectively and certainly suppress free competition between the constituent companies.
Page 28 - Roosevelt replied, refusing to honor this request upon the ground that "heads of the executive departments are subject to the Constitution, and to the laws passed by the Congress In pursuance of the Constitution, and to the directions of the President of the United States, but to no other direction whatever
Page 60 - Assn., 171 US 505; Addyston Pipe Co. v. United States, 175 US 211; Northern Securities Co. v. United States, 193 US 197; United States v.
Page 41 - We have no officers in this government, from the President down to the most subordinate agent, who does not hold office under the law, with prescribed duties and limited authority.

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