Union Pacific Coal Co. v. United States

Citations

• 173 F. 737
• 1909 U.S. App. LEXIS 5100

Syllabus

<p>1. Monopolies (§ 12*) — Anti-Trust Act —Test of “Unlawful Combination.”</p> <p>The test of an “unlawful combination” under Act July 2, 1890, c. 617, § 1, 26 Stat. 209 (U. S. Comp. St. 1901, p. 3200), is its necessary effect upon free competition in commerce among the states or with foreign nations.</p> <p>A combination, the necessary effect of which is to stifle, or directly and substantially to restrict, such competition, is unlawful under that act.</p> <p>• But if the necessary effect of a combination is but incidentally and indirectly to restrict competition, while its chief result is to foster the trade and increase the business of those who make and operate it, it does not fall under the ban of this law.</p> <p>[Ed. Note. — For other cases, see Monopolies, Cent. Dig. § 10; Dee Dig. § 12.*</p> <p>For other definitions, see Words and Phrases, vol. 2, pp. 1275, 1276; vol. 8, p. 7606.]</p> <p>2. Monopolies (§ 17*)--Anti-Trust Act — Vendors Not Forbidden to Fix Prices and Terms of Sale of Coal Thereby.</p> <p>A coal company engaged in mining and selling its coal is not prohibited by the anti-trust act (Act July 2, 1890, c. 647, § 1, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200]), or by the law, from refusing to sell its coal, from selecting its customers, from fixing the price and terms on which it will sell its product, or from selling to different customers for different prices and on different terms.</p> <p>[Ed. Note. — For other cases, see Monopolies, Cent. Dig. § 13; Dec. Dig. § 17.*]</p> <p>3. Corporations (§ 280*) — Crimes — Stockholders — Guilt of Corporation Not Imputed to Stockholder.</p> <p>A violation of a law by a corporation does not render its nonparticipating stockholders criminally liable therefor.</p> <p>[Ed. Note. — For other cases, see Corporations, Cent. Dig. § 1186; Dec.' Dig. § 280.*]</p> <p>4. Criminal Law (§§ 741, 1159*) — Sufficiency of Proof — Evidence of Guilt must Exclude Every Other Hypothesis — Appeal.</p> <p>Unless there is substant