51 S.E. 455 | S.C. | 1905
May 22, 1905. The opinion of the Court was delivered by This is an appeal from an order overruling a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action, in the particulars mentioned in the first, second and third exceptions, which, together with the other exceptions, the *568 complaint, and the order of his Honor, the Circuit Judge, will be set out in the report of the case. The first question that will be considered is the construction of the statute of this State prohibiting certain trusts and combinations.
In the case of Northern Securities Co. v. United States,
Mr. Justice Brewer did not accept this proposition, except in so far as it was applicable to unreasonable restraints imposed upon trade or commerce, but, in speaking of former decisions of the Court, said: "Instead of holding that the anti-trust act includes all contracts, reasonable or unreasonable, in restraint of interstate trade, the ruling should have been that the contracts there presented were unreasonable restraints of interstate trade, and as such within the scope of the act. That act, as appears from its title, was leveled at only `unlawful restraints and monopolies.' Congress did not intend to reach and destroy those minor contracts in partial restraint of trade, which the long course of decisions at common law had affirmed were reasonable and ought to be upheld. The purpose was rather to place a statutory prohibition, with prescribed penalties and remedies, upon those contracts which were in direct restraint of trade, unreasonable and against public policy." *569
The opinion of Mr. Justice Harlan to the extent of Mr. Justice Brewer's concurrence, correctly stated the principles governing the construction of the act then under consideration. That principle is applicable to the statute of this State, and it must be construed as intending that the contracts, c., herein mentioned, were unlawful and against public policy only when made with a view to lessen or which tend to lessen full and free competition to an unreasonable extent.
The admitted substantive facts set forth in the decree of his Honor, the Circuit Judge, show beyond doubt that they lessened, or tended to lessen, full and free competition to an unreasonable degree. This was a natural consequence that might reasonably have been expected to result from them. Therefore, it must be presumed that such result was intended. 22 Enc. of Law, 1235.
What, then, was the effect of this intention upon the transactions set out in the complaint? In the case of Swift Co. v. United States,
The principles just stated show that the different acts alleged in the complaint, in combination with the intent to effect the result of lessening or tending to lessen full and free competition in an unreasonable manner, were unlawful and against the public policy of this State.
Upon all other questions in the case, this Court concurs in the rulings of his Honor, the Circuit Judge, for the reasons stated in his order.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.
JUDGE D.A. TOWNSEND sat in place of MR. JUSTICE WOODS, disqualified. *571