Trusts, Pools and Corporations

Front Cover
William Zebina Ripley
Ginn & Company, 1905 - Corporations - 477 pages
 

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Page 325 - ... to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed...
Page 325 - 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 AttorneyGeneral, to institute proceedings in equity to prevent and restrain such violations.
Page 326 - ... in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure and condemnation of property imported into the United States contrary to law.
Page 371 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Page 267 - Doubtless the power to control the manufacture of a given thing involves, In a certain sense, the control of its disposition, but this Is a secondary, and not the primary, sense; and, although the exercise of that power may result in bringing the operation of commerce into play, it does not control it and affects it only incidentally and indirectly. Commerce succeeds to manufacture, and is not a part of It...
Page 326 - person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
Page 124 - ... in the absence of fraud in the transaction the judgment of the directors as to the value of the property purchased shall be conclusive...
Page 268 - Contracts, combinations, or conspiracies to control domestic enterprise in manufacture, agriculture, mining production in all its forms, or to raise or lower prices or wages, might unquestionably tend to restrain external as well as domestic trade, but the restraint would be an indirect result, however inevitable and whatever its extent, and such result would not necessarily determine the object of the contract, combination, or conspiracy.
Page 426 - Act and being either — (a) a mortgage or charge for the purpose of securing any issue of debentures ; or (b) a mortgage or charge on uncalled capital of the company ; or (c) a mortgage or charge created or evidenced by an instrument which, if executed by an individual, would require registration as a bill of sale...
Page 339 - The entire strength of the nation may be used to enforce in any part of the land the full and free exercise of all national powers and the security of all rights entrusted by the Constitution to its care. The strong arm of the national government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arises, the army of the Nation, and all its militia, are at the service of the Nation to compel obedience to its laws.

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