History of the Sherman Law History of the Sherman Law
By Albert H. Walker
2000/09 - Beard Books - Law Classic
1587980738 - Paperback -  Reprint - 336 pp.

An absorbing account of the original legislation and early court decisions on this major antitrust law.

Publisher Comments

Category: Law

This title is part of the Legal History list.

Of Interest:

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This history of the birth of the most famous antitrust statute of all is set forth in great detail and will be of great interest to lawyers and students of antitrust history. Emanating as a bill in 1889 from one of the most powerful men in Congress, John Sherman, a more elaborate and comprehensive bill drawn by another senator actually was the one enacted in 1890. However, because Sherman was the originator and the leading advocate, the law has always carried his name with it. Four months of Senate consideration provide valuable guides to congressional intent behind the law. The law's history is examined as interpreted by the courts through a number of presidential administrations through 1910.

From the back cover blurb:

At the end of the nineteenth century, prophetic statesmen could foresee that unless checked by law, personal acquirement and wealth would fall into the hands of a small minority of men. In 1899, Senator John Sherman introduced "A bill to declare unlawful, trusts and combinations in restraint of trade and production." While a substitute bill by another Senator actually was the law that was finally enacted, Senator Sherman as the prime move and advocate led to the statute always referred to as the Sherman Act. Such a law has been called the Magna Carta of the statutes of the United States. Thus, antitrust law was born. This book reveals the debate in Congress and the early judicial treatment of the law. It will prove fascinating reading for all antitrust attorneys as well as for students of legal or economic history.

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Albert H. Walker was a member of the New York Bar Association and practiced in New York City.

Chapter I.
The Sherman Bill 1
Career of Senator Sherman 1
Sherman Bill of December 4, 1889 3
Speech of Senator George 7
Finance Committee Substitute 8
Reagan Substitute 10
Speech of Senator Sherman 12
Senatorial Debate by Many Senators 16
Reference to Senate Judiciary Committee 26
Chapter II.
The Hoar Substitute 27
Reported from Senate Judiciary Committee 27
Text of the Sherman Law 29
Senatorial Debate by Many Senators 31
Passage by the Senate 34
Reported by House Judiciary Committee 35
Debated in the House 36
Bland Amendment 41
Passage by the House 41
Reference to Senate Judiciary Committee 41
Reported from Senate Judiciary Committee 42
Conference Committee Actions 43
Conference Report Adopted by the Senate 44
Conference Report Adopted by the House 45
Sherman Law Approved by President Harrison 46
Chapter III.
The Face of the Sherman Law 47
General Analysis of the Sherman Law 48
Detailed Analysis of the Sherman Law 48
First Sentence of the Sherman Law 48
Construction of the Word "Commerce" 49
Construction of the Word "Restraint" 50
Section 2 of the Sherman Law 57
Construction of the Word "Monopolize" 57
Sections 3, 4 and 5 of the Sherman Law 59
Section 6 of the Sherman Law 60
Section 7 and 8 of the Sherman Law 61
Chapter IV.
History During Harrison's Administration 63
Jellico Mountain Coal Case 63
Greenhut Case 68
Nelson Case 70
Trans-Missouri Case 72
Patterson Case 76
Review of Five Public Cases 77
American Biscuit Case 81
American Preservers Case 83
Blindell Case 84
Review of Harrison's Administration 85
Chapter V.
History During Cleveland's Administration 87
Workingmen's Council Case 87
Knight Case 90
Elliott Case 98
Agler Case 99
Debs Case 99
Cassidy Case 103
Joint Traffic Case 104
Addyston Case 106
Moore Case 108
Trans-Missouri Case 109
Review of Ten Public Cases 112
Locomotive Engineers Case 113
Dueber Watch Company Case 115
Phelan Case 117
Pidcock Case 118
South Carolina Whiskey Case 118
Arizona Central Case 120
Wisewall Case 121
Kansas City Live Stock Case 121
Review of Cleveland's Administration 122
Chapter VI.
History During McKinley's Administration 124
Addyston Case 125
Hopkins Case 132
Anderson Case 134
Coal Dealers Case 136
Chesapeake & Ohio Fuel Case 138
Joint Traffic Case 142
Review of Six Public Cases 147
Miami Steamship Case 147
Express Company Case 148
Carter-Crume Case 149
Block Case 150
Lowry Case 150
Connolly Case 152
Chattanooga Foundry & Pipe Case 153
Gibbs Case 156
Otis Elevator Case 158
American School Furniture Case 159
Lackawanna Railroad Case 159
Review of McKinley's Administration 161
Chapter VII.
History Prior to Roosevelt's Administration 162
Forty Cases in Three Administrations 162
Twenty-two Private Cases 162
Eighteen Public Cases 164
Ten Successful Public Cases 165
Attorney General Harmon's Report of Feb. 8, 1896 167
Attorney General McKenna's Report of Nov. 30, 1897 169
Three Annual Reports of Attorney General Griggs 170
Situation at the End of McKinley's Administration 172
Organization of "Holding Companies" 173
Substitution of "Holding Companies" for "Trusts" 174
Chapter VIII.
History During Roosevelt's Administration 179
Northern Securities Case 180
Swift Case 197
MacAndrews & Forbes Case 199
Judge Speer's Charge to a Grand Jury 201
Virginia-Carolina Chemical Case 207
Standard Oil Case 210
American Tobacco Case 211
Review of Seven Public Cases 216
Foot Case 217
Lowry Case 217
Bement Case 218
Chicago Board of Trade Case 219
Continental Tobacco Case 221
Ioia Cement Case 222
Chartanooga Foundry & Pipe Case 223
Booth Case 225
Datbury Hatters Case 226
Boibs-Merrill Case 230
Cincinnati Packet Case 232
Rubber Tire Wheel Case 233
Case Threshing Machine Case 235
Continental Wall Paper Case 236
Jayne Case 244
Kutter Case 245
Peruna Case 248
Banana Case 250
Pennsylvania Sugar Refining Case 253
Calumet & Hecla Case 256
Meeker Case 262
Monarch Tobacco Case 265
Yale & Towne Case 266
Telephone Case 267
Review of Twenty-four Private Cases 268
Chapter IX.
History During Taft's Administration 270
Naval Stores Case 270
Kissel Case 272
Union Pacific Coal Case 273
Standard Oil Case 274
People's Tobacco Case 284
Fonotipia Case 285
Arkansas Brokerage Case 286
Northwestern Milling Case 288
Ware-Kramer Tobacco Case 288
Creamery Package Case 290
Review of Taft's Administration 291
Unadjudicated Cases 292
Terminal Railroad Case 292
American Ice Case 292
Reading Company Case 292
DuPont Powder Case 292
Union Pacific Railroad Case 292
National Packing Case 293
Armour Packing Case 293
Missouri-Pacific Railroad Case 293
Southern Wholesale Grocers Case 294
Patten Case 294
Great Lakes Towing Case 294
Standard Sanitary Case 294
Chapter X.
Past Judicial Construction of the Sherman Law 295
General Conformity to Natural Construction 295
A Particular View of Judge Lacombe 296
The Prevailing View of Federal Judges 296
A Particular View of Several Judges 297
The Prevailing View of Federal Judges 297
Standard Oil and American Tobacco Construction 297
Chapter XI.
Forecasting the Standard Oil and American Tobacco Decisions 299
Judicial Attitude of Justice Harlan 301
Judicial Attitude of Justice White 302
Judicial Attitude of Justice McKenna 303
Judicial Attitude of Justice Holmes 304
Judicial Attitude of Justice Day 307
Judicial Attitude of Justice Lurton 308
Public Attitude of Justice Hughes 312
The Supreme Power in the States 312

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