The Lawyers Reports Annotated, Book 1-70; All Current Cases of General Value and Importance with Full Annotation ... 1888-1905: Extra Annotated Ed., W

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...which the conclusion that the contract in the case at bar was void as against public policy can be predicated." Is this so? As stated, the discussion is exhaustive; pages are devoted to the authorities cited from England and the different States to establish the fact that at common law it is a well settled rule that carriers shall not exercise any unjust and injurious discrimination between individuals in their rates of toll, and that constitutional and statutory prohibitions are only declaratory of the common law. At common law the w ole line of decisions rests upon the fact that such acts are illegal because sgamst public policy; and in deciding these questions courts are compelled to put the decision upon one or the other of two gt-ounds--either that it is void and illegal at common law as being against public policy, or else that it is prohibited by a constitutional or statutory provision. Is there anv ditlerence in priuciple when the words public policy" are used, or an Act is declared illegal because it discriminates against the public or the people generally? The entire discussion in that case puts it upon that ground. On page 611 827 ta part of the fifty pages), the learned oounse cites the case, in his own State, of Central Ohio Salt ('0. v. UulItrz'c, 35 Ohio St. 666, as parallel to the case under discussion, and says: And this court held that such an agreement was contrary to public policy because in restraint of trade, and void; and further says: Mcllvaine, Ch. J., said: The clear tendency of such an agreement is to establish a monopoly and destroy competition in trade, and for that reason, on rounds of public policy, courts will not aid its enforcemeat." It is not claimed...