United States v. John Reardon & Sons Co.

Citations

• 191 F. 454
• 1911 U.S. App. LEXIS 5529

Syllabus

<p>1. Indictment and Innokmation (§ 63*)' — Sufficiency—Desckietion of Offense.</p> <p>It is never sufficient to charge in an indictment that an act is illegal, but something more must be alleged which the court can see on the face of the indictment is illegal if the facts are proven.</p> <p>[Ed. Note. — For other cases, see Indictment and Information, Cent. Dig. § 185; Dec. Dig. § 63.*]</p> <p>2. Monopolies (§ 31*) — Anti-Trust Act — Indictment for Violation.</p> <p>Indictments held insufficient to charge a combination in Massachusetts in restraint of interstate trade and commerce in violation of the Sherman anti-trust act (Act July 2, 1890, c. 647), 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200]), when the overt acts charged were committed without that state.</p> <p>[Ed. Note. — For other cases, see Monopolies, Dec. Dig. § 31.*]</p> <p>3. Monopolies (8 31*) — Anti-Trust Act — Indictment for Violation — “Restraint of Trade.”</p> <p>Regulation of trade is not restraint of trade, and an indictment charging a combination to regulate interstate trade must go further and aver facts showing that the regulation is in restraint or monopoly of such trade to charge an offense under the Sherman anti-trust act (Act July 2, 1890. c. 647, 26 Stat. 209 (U. S. Comp. St. 1901, p. 3200]).</p> <p>[Ed. Note. — For other cases, see Monopolies, Dec. Dig. § 31.*</p> <p>For other definitions, see Words and Phrases, vol. 7, pp. 6185-6186.]</p> <p>4. Monopolies (§ 31*) — Anti-Trust Act — Indictment for Violation.</p> <p>An indictment charging merely that defendants entered into an agreement to regulate prices to be paid to dealers In certain commodities in Boston and vicinity and to apportion the trade among themselves, and that pursuant to such agreement they did so regulate prices and apportion such trade, without the averment of any facts showing the effect of such regulation or that others were excluded from such trade, or that such action in -any way injuriously affected interstate trade