This was an action brought in the circuit court for the district of Connecticut under § 7 of the anti-trust act of July 2, 1890 [26 Stat. at L. 210, chap. 647, U.S.C.omp. Stat. 1901, p. 3202], claiming threefold damages for injuries inflicted on plaintiffs by combination or conspiracy declared to be unlawful by the act.
Defendants filed a demurrer to the complaint, assigning general and special grounds. The demurrer was sustained as to the first six paragraphs, which rested on the ground that the combination stated was not within the Sherman act, and this rendered it unnecessary to pass upon any other questions in the case; and, upon plaintiffs declining to amend their complaint, the court dismissed it with costs. 148 Fed. 924; and see 142 Fed. 216, 130 Fed. 633.
The case was then carried by writ of error to the circuit court of appeals for the second circuit, and that court, desiring the instruction of this court upon a question arising on the writ or error, certified that question to this court. The certificate consisted of a brief statement of facts, and put the question thus: 'Upon this state of facts can plaintiffs maintain an action against defendants under § 7 of the anti-trust act of July 2, 1890?'
After the case on certificate had been docketed here, plaintiffs in error applied, and defendants in error joined in the application, to this court to require the whole record and cause to be sent up for its consideration. The application was granted, and the whole record and cause being thus brought before this court, it devolved upon the court, under § 6 of the judiciary act of 1891, to 'decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal.' [26 Stat. at L. 828, chap. 517, U.S.C.omp. Stat. 1901, p. 550.]
The case comes up, then, on complaint and demurrer, and we give the complaint in the margin.
The question is whether, upon the facts therein averred and admitted by the demurrer, this action can be maintained under the anti-trust act.
The 1st, 2d, and 7th sections of that act are as follows: '1. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
'2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, any part of the trade or commerce among the several states or with foreign nations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.' '7. Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover three fold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee.'
merce between them, and to prevent the plaintiffs from selling their hats to wholesale dealers and purchasers in said states other than Connecticut, and to prevent said dealers and customers in said other states from buying the same, and to prevent the plaintiffs from obtaining orders for their hats from such customers, and filling the same, and shipping said hats to said customers in said states as aforesaid, and thereby injure the plaintiffs in their property and business, and to render unsalable the product and output of their said factory, so the subject of interstate commerce, in whosoever's hands the same might be or come, through said interstate trade and commerce, and to employ as means to carry out said combination and conspiracy and the purposes thereof, and accomplish the same, the following measures and acts, viz.: