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The Green Bag

been indicted for conspiracy in restraint of trade, but the Governor refused to grant the

papers on the ground that “all that occurred was that Armour, in going from Chicago, where he resided, to Europe, took passage on the steamer at Hoboken, and on returning from Europe to Chicago, landed at Hoboken." We quote from the learned opinion of Gover

as entirely under the control of the state as is the delegated control over interstate com merce exercised by the United States. The power exercised is the police power reserved to the states." Tennessee Statute Prohibiting Suppression of Competition C0nstituti0nal—-Equal Protection of the Laws. U. S.

nor Fort (N. Y. Law Jour. May 25) :—~

"The affidavits submitted as to the presence of J. Ogden Armour within this state during the period alleged as the continuance of the criminal act, do not establish his presence

within this state under conditions which refute the impossibility of his non-participa tion in the furtherance of the criminal agree ment. . . . In all the cases which I have considered in which it was attempted to show that the presence of a certain person within a state has reference to participation in a criminal act, where on one side it was

attempted to impute participation in a crimi nal act, and on the other, to show that such

presence was merely casual or in the course of business in no way connected with the criminal act, the facts appearing of record have been much more complete, sufficient, at any rate, to raise a question argumenta

tively as to whether such presence was or was not in tact under such circumstances that participation in a criminal act was at least a reasonable inference."

monopolies.

Mississippi Anti-Trust Law

Constitutional-Police Power.

U. S.

In the case of Grenada Lumber Co. v. State of Mississippi, 30 Sup. Ct. Rep. 535, the Supreme Court of the United States, in an opinion ﬁled on May 2, sustained the Anti Trust law of Mississippi, passed in 1900, and reaﬁirmed the principle that an arrangement by which, under penalties, an apparently existing competition among all the dealers in a community in one of the necessaries of life is substantially destroyed, without any merging of interests through partnership or incorporation, is one to which the police power of the state extends. The opinion of the Court was written by Mr. Justice Lurton, who said : “The argument that the situation is one which justiﬁed the defensive measures taken by the plaintiﬁ's in error is one which we need neither refute nor concede. Neither are we required to consider any mere question of the expediency of such a law. It is a regu lation of commerce purely intrastate, a subject

The decree of the Supreme Court of Ten nessee ousting the Standard Oil Company of Kentucky from doing business in the state of Tennessee was aﬁirxned by the Supreme Court of the United States in an opinion ﬁled May 2, in Standard Oil Co. of Kentucky v. Tennessee ex rel. Cotes, 30 Sup. Ct. Rep. 543. Mr. Justice Holmes delivered the opinion of the Court. "The basis of the former contention [that the Tennessee statute violated the Fourteenth Amendment] is that by section 3 of the act any violation of it is made a crime, punish— able by ﬁne, imprisonment or both, and that this section has been construed as applicable only to natural persons: Standard Oil Co. v. The State, 117 Tenn. 618.

Hence, it is

said this statute denies to corporations the equal protection of the laws. . . . "The foregoing argument is one of the many attempts to construe the Fourteenth Amendment as introducing a iactitious equal ity without regard to practical diﬂerences that are best met by corresponding differences of treatment. The law of Tennessee sees ﬁt to seek to prevent a certain kind of conduct. . . . We are of opinion that subjection to it, with its concomitant advantages and dis advantages, is not an inequality of which the plaintiff in error can complain, although natural persons are given the beneﬁt of the rules to which we have referred before incurr ing the possible sentence to prison, which the plaintiff in error escapes." (Legal Intelli gencer, May 6.) Police Power.

See Public Education.

Public Education. Industrial School Law of Kentucky Unconstitutional-Class Legis lation-Delegation of Police Power to Voters of the Precinct Unlawful. Ky. The legislature of Kentucky this year enacted, over the veto of Governor Willson, an industrial school act, familiarly known as the

Holland

establish an

law,

making

it

unlawful

to

industrial school owning or

controlling more than seventy-ﬁve acres of land without the consent of a majority of the