Page:United States Reports, Volume 209.djvu/455

 209 .l.S. Opkion of the Court. the intire contract must fall. Okla. Star.' 1893, �; Wil- son's ,ann..Stat.' �7; Bishop,v. Pa/mer, 146 Massachusetts, 469; Western Wood.War� Assn. v. $tarky, 84 Michigan, 76; Saratoga'Co. Bank v. King 44 N.Y. 87; .Consumers' Oil Co. v. Nnnemaker, 142 Indlsnn, 560; More v. Bonnet, 40 California, 251; Frost v. More, 40 qalifornia, 347. A contract based upon several considerstions, one of which is uiawful, is void. Edwards 'o. v. Jennings, 89 Texas, 618;' Ga v. Fisher, 5 N. D. 297; Collins v. Merrd/. (Ky.), 2 Met. 163; St. L. or. & Co. IE. R. C6. v.'Mat./vrrs, 104 Illinois, 257. Furthertoo.re, the provisionS, in connection with the undis- puted testimony to the effect that one of his purposes ha pro- curing the exe6ution of said lease on behalf o,  the Gulf Compress COmpany was to prevent unreasonable or unnecessary conipe- tition, renders the entire. lease contract void, under �of the 8herman a which .applies to tie and commerce within the Territories as well as to interstate commerce. Northern Securities Co. v. Unitexl States, 193 U.S..196; Western Wooden- Ware Assoc/at/on v. Starkey, 84 Michigan, 76; Santa Clara Val. M. & 'L. Co. v. Hayes, 76 California, 387; Padfie Factor Co. v. Ad/zr, 90 California, 110; Anhentsor-B v. Hok, 88 Texas, 184; State v.'Diztilling Co., 29 Nebraska, 700. Ms. Jvsc McKmx, after making the foregoing state- merit, delivered the o0inion of the court.. The Supreme Court of the Territory, in its opinion, dis- cussed only two of the questions urged upon its consideration, to wit (1) the legal power of the Shawnee Compress COmpany to execute the lease; and (2) the purpce in its execution to secure a monopoly of the 'business of compressing cotton and to -lwfully restrict competition. Of the first the court said: "We find no express authority to lease set out in the articles of .incorporation, but we are nevertheless of the opinion the weight of authority is that when & strfetly private corporation qncl it cannot profitably continue operations it may. lawfully make.a lease of its entire property for a term of yeats."

�