Publisher's Synopsis
Excerpt from In the United States Circuit Court of Appeals for the Ninth Judicial Circuit, February Term, 1917: Lumbermen's Trust Company Trustees, Appellant, Vs; Title Insurance and Investment Company of Tacoma, a Corporation, Commonwealth Title Trust Company, a Corporation, Horace Fogg, Appellees; Appellant's Brief
Mr. Joyce, in his work on Monopolies, states the rule adopted in several Of the opinions cited: At com mon law personal service and occupation cannot be the subject Of monopoly; unless there is property to be affected with the public interest, there is no basis laid for the fact or charge Of monopoly. Sec. 69. Every contract or combination does not necessarily operate in restraint of trade or commerce or constitute a monopoly. To the extent that a contract prevents a vendor from carrying on a particular trade, it deprives the commun ity of any benefits it might derive from his entering into competition. But where the business is open to all, there is little danger that the public will suffer harm from lack of persons to engage in a profitable industry. They confer no special or exclusive privilege. Sec. 99.
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