Anderson v. Shipowners Assn., 272 U.S. 359 (1926)

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Anderson v. Shipowners Association of the Pacific Coast

No. 306

Argued October 28, 29, 1926
Decided November 22, 1926
272 U.S. 359

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. A suit by an individual, claiming injury, on behalf of himself and all others in like case, to enjoin the maintenance of a combination in restraint of commerce violating § 1 of the Anti-Trust Act, is authorized by §§ 4 and 16 of the Clayton Act. P. 360.

2. Ships and those who operate them are instrumentalities of commerce, and within the Commerce Clause no less than cargoes. P. 363.

3. A combination whereby the owners and operators of ships engaged in interstate and foreign commerce surrender completely their freedom of action in respect of the employment of seamen to associations formed to regulate and control the subject violates the Anti-Trust Act. P. 362.

4. Where the bill alleged such a combination, the direct and necessary consequence of which was to restrain interstate and foreign commerce, it was unnecessary to add an allegation that such was the specific intent of those in the combination. P. 363.

5. Therefore it is unimportant in this case to inquire whether the object of the combination was merely to regulate the employment of men, and not to restrain commerce. P. 363.

10 F.2d 96 reversed.

Certiorari (271 U.S. 652), to a decree of the circuit court of appeals which affirmed a decree of the district court dismissing a bill to restrain an unlawful combination, and.for damages.