Distribution of Motor-vehicle Tires: Hearings Before the Committee on Banking and Currency, United States Senate, Seventy-ninth Congress, Second Session, on S. 713, a Bill to Provide for the Distribution of Motor-vehicle Tires, and for Other Purposes. July 2 and 23, 1946 ...

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Considers legislation to require the sale of rubber motor vehicle tires through independent dealers.
 

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Page 21 - It is not the case of a natural monopoly, or of an enterprise in its nature dependent upon the grant of public privileges. The particular requirement before us was evidently not imposed to prevent a practical monopoly of the business, since its tendency is quite to the contrary. Nor is it a case of the protection of natural resources. There is nothing in the product that we can perceive on which to rest a distinction, in respect of this attempted control, from other products in common use which enter...
Page 4 - It shall be unlawful, regardless of any contract, agreement, lease, or other obligation heretofore or hereafter entered into, for any person to sell or deliver any commodity, or...
Page 21 - under the guise of protecting the public, arbitrarily [to] interfere with private business or prohibit lawful occupations or impose unreasonable and unnecessary restrictions upon them.
Page 4 - ... any other person, firm, or corporation any loan from any such corporation or extension or renewal of loan or substitution of security, or the purchase or discount or acceptance of any paper, note, draft, check, or bill of exchange by any such corporation, shall be deemed guilty of a misdemeanor and shall upon conviction thereof be imprisoned for not more than one year and fined not more than $5,000, or both.
Page 21 - The control here asserted does not protect against monopoly, but tends to foster it. The aim is not to encourage competition, but to prevent it ; not to regulate the business, but to preclude persons from engaging in it.
Page 19 - ... collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act...
Page 21 - Stated succinctly, a private corporation here seeks to prevent a competitor from entering the business of making and selling ice. It claims to be endowed with state authority to achieve this exclusion. There is no question now before us of any regulation by the state to protect the consuming public either with respect to conditions of manufacture and distribution or to insure purity of product or to prevent extortion. The control here asserted does not protect against monopoly, but tends to foster...
Page 21 - ... with the Fourteenth Amendment. Under that amendment, nothing is more clearly settled than that it is beyond the power of a State, 'under the guise of protecting the public, arbitrarily [to] interfere with private business or prohibit lawful occupations or impose unreasonable and unnecessary...
Page 21 - Plainly, a regulation which has the effect of denying or unreasonably curtailing the common right to engage in a lawful private business, such as that under review, cannot be upheld consistent with the Fourteenth Amendment.
Page 4 - person" includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of any of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing...

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