Marketing Laws Survey Series: v. 1-6U.S. Government Printing Office, 1940 |
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Страница 114 - And the guaranty of due process, as has often been held, demands only that the law shall not be unreasonable, arbitrary or capricious, and that the means selected shall have a real and substantial relation to the object sought to be attained.
Страница 7 - What is ultimate is the principle that one state in its dealings with another may not place itself in a position of economic isolation.
Страница 132 - When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One who assails the classification in such a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary.
Страница 92 - Such legislation may invade one class of rights to-day, and another to-morrow, and if it can be sanctioned under the Constitution, while far removed in time we will not be far away in practical statesmanship from those ages when governmental prefects supervised the building of houses, the rearing of cattle, the sowing of seed, and the reaping of grain, and governmental ordinances regulated the movements and labor of artisans, the rate of wages, the price of food, the diet and clothing of the people,...
Страница 144 - ... within the meaning of section 5 of the Federal Trade Commission Act...
Страница 7 - Neither the power to tax nor the police power may be used by the state of destination with the aim and effect of establishing an economic barrier against competition with the products of another state or the labor of its residents. Restrictions so contrived are an unreasonable clog upon the mobility of commerce. They set up what is equivalent to a rampart of customs duties designed to neutralize advantages belonging to the place of origin. They are thus hostile in conception as well as burdensome...
Страница 143 - Mere size * * * is not an offense against the Sherman Act unless magnified to the point at which it amounts to a monopoly * * * but size carries with it an opportunity for abuse that is not to be ignored when the opportunity is proved to have been utilized in the past.
Страница 2 - State statute or regulation which, on its face, or in practical effect, tended to operate to the disadvantage of persons, products, or services coming from sister States, to the advantage of local residents, products, and business, is a trade barrier.
Страница 117 - But there can be no doubt that upon proper occasion and by appropriate measures the state may regulate a business in any of its aspects, including the prices to be charged for the products or commodities it sells.
Страница 47 - Judicial control of national commerce — unlike legislative regulations — must from inherent limitations of the judicial process treat the subject by the hit-and-miss method of deciding single local controversies upon evidence and information limited by the narrow rules of litigation.