Page:The New International Encyclopædia 1st ed. v. 17.djvu/81

* BESTRAINT OF TRADE. 65 RESURRECTION. is applicable, however, only to persons and cor- poralions engaged in interstate connnercc. forbids pools or combinations for the division of traflic. The modern tendency in the United States is, as in Enghmd, to make the test of reasonableness of the restraint depend on the cliaracter of the business and the special circumstances of the ca-e. Contracts for the purpose of creating so- called corners in the market of any commodity of general or necessary use liave always been lield oid as unlawfully restraining trade, and contracts luireasonably in restraint of commerce are deemed void on the same principle. See Trusts. Congress, acting under the constitutional power to regulate commerce, has passed an act known as the Sherman Act (2li U. S. Statutes at Large, 209) declaring that all contracts and combina- tions in restraint of interstate or international commerce are illegal and void. In construing these statutes the United States Supreme Court has held that all contracts directly restraining commerce, interstate or international, whether such restraint be reasonable or unreasonable, are illegal, thus changing the common-law rule, that the restraint must be unreasonable in order to invalidate the contract. See Co^'SPlKACY; CoM- BixATiox; Commerce; Mo.xopolt; Strikes; Trusts. Consult the authorities referred to imder CoN- tr.ct: and Jolly, CoiitJ'acts in Restraint of Trade (2d ed., London, 1900) ; Matthews, Covenants in liestiahit of Trade (London. 1893); Shelling, Trusts and Monopolies (Boston, 1893) ; Stickney, State Control of Trade and Commerce (1897). RESTREPO, ni-stra'po, Jos£ iU^-UEL (c.lTT.j-c.lSliO). A South American historian and politician, born in New Granada (Colom- bia). He wrote Hisloria de la reroliicion de la repuhlica dc Colombia (1827), which includes an appendix containing several original docu- ments. As he took a personal part in the events described, the work has an especial value, and it is written in a judicious and impartial st.vle. Kestrepo was Secretary of State under Bolivar. RESTRICTIVE COVENANTS. Covenants in conveyances which l)ind the purchaser to use the land conveyed thereby in some particular way. or which prohibit him from making use of it for certain designated jiurposes. Common examples of .such covenants are: the restrictive clauses in deeds prohibiting purchasers from building beyond an imaginary 'house line' on the land, that is. within a certain distance from the street; or prescribing the character of the buildings which they shall be permitted to erect thereon. Restrictive covenants create equitable easements in favor of the owiier of the land for the benefit of which they are made ; and "run with the land," tliat is, continue to operate in favor of all sub- sequent owners of that land. It is by restrictive covenants that the character of the improvements on real estate in suburban towns and additions is fixed. The class of people, the character and minimum cost price of buildings, and the pur- poses for which they may be used, may thus be regulated. Consult "Wasliburn on Real Property. and on Easements : .Tones on Easements. RESURRECTION (Lat. resurreetio. from resiirr/ere. to rise again, from re-, liack again, anew + siiri/ere, stirrigere, suhrii/ere. to rise, from sub, under + regere, to direct, rule). The restoration of man after dcatli to the full pos- session of his powers and faculties. In one form or another, this conception is founil among .Maz- daya.snians, Jews, Christians, and .Moliamnieibins. As to the time, manner, and subjects of the fu- ture change there has been much diircrcnce of opinion. While the prevailing view lias generally been that the dead will rise simultaneously oil the last day, there are great religious teachers who liiive regarded the resurrection as taking place in the ease of each person immediately upon death. The resurrection has been conceived of as an awakening from the sleep of death; a reanimation of the body: a restoration of the body Iiy tlic coming together of the particles that constituted it at the moment of ileatli; a crea- tion of a new body in harmony with the perfected spiritual character; a clothing of the ileparted spirit with a spiritual body descending from heaven ; or a development of the germ of a spiritual organism already existing within the physical body before death. Some have main- ■ tained that all men, regardless of nationality, re- ligious belief, or cliaracter, will be raised froiii the dead, while others have held that only members of a particular nation, the adherents of a certain form of religion, or the possessors of a good char- acter will be deemed worthy to share in the resurrection. Whether the idea of a resurrection originated with Zoroaster, already existed before his time in Iran, or was developed by his disciples can- not be determined with certainty. In its iiicist concrete form it is met in the later parts of the Avesta (q.v. ) and in the Bundahish. Here all men are to be raised on the last day by the Saoshyant (q.v.), or Saviour, :nid those who are living at that time are to be endowed with im- mortality, the bodies of the dead being brought together from the different elements in the course of fifty-seven years. It is on the whole most probable that there existed a popular belief in a future resurrection already befoi-e the time of Zoroaster. The custom of leaving the dead in the field to be consumed by wild beasts, with- out Iniilding for them a liouse, goes back to ex- treme antiquit.v. While such a practice might seem to preclude ancestral cult and the hope f<ir immortality, the unimpeded return of the body to the ditlerent elements of nature apparently made the worship of ancestral spirits less a mat- ter of ceremony, and in connection with the idea of a coming destruction and renovation of the world. led the Iranian mind to expect a recon- struction of each human being from its constit- uent parts scattered among the elements. That this occurred at a very early period is rendered probable by the emphasis put upon the future life by such Iranian peoples as the Scythians and the Thracians, who must have left the com- mon home at a remote epoch. We have positive evidence that this doctrine was taught in the Achivmenian period in a work of Theopompus, the historian of Philip of !Macedon. used and quoted by Diogenes Laertius. ^-Eneas of Haza, and probably Plutarch. Herodotus and Xenophon probably also heard of it, though they emphasized only the belief in immortality on the part of the Persians. In early Hebrew thought there is no trace of this conception. It is unknown alike to prophets, legislators, and poc^fs. The third chapter of Genesis no doubt reflects the attitude of large