Earl Warren

Name: United States v. Wise — Opinion of the Court
Author: Earl Warren

United States v. Wise — Opinion of the Court

Summary

“United States v. Wise — Opinion of the Court”, is a work by Earl Warren. It explores elements such as the Sherman Act, the Clayton Act and corporation.

Quotes from United States v. Wise — Opinion of the Court (Earl Warren)

Earl Warren, United States v. Wise — Opinion of the Court

“ The Court of Appeals reversed the conviction of a corporate officer on the ground that only a corporation was a 'person' within the Act. This Court reversed the Court of Appeals, rejecting substantially the same argument that is advanced by the appellee in this case. The reason for the rejection is equally applicable to the case at bar. No intent to exculpate a corporate officer who violates the law is to be imputed to Congress without clear compulsion; else the fines established by the Sherman Act to deter crime become mere license fees for illegitimate corporate business operations. ”

[↩︎]

Source: Wikisource

Earl Warren, United States v. Wise — Opinion of the Court

“ He suggests that the dearth of cases on this point reflects the belief on the part of corporate officers that, because of the identical penalties of the Clayton Act, the successful challenge to a Sherman Act indictment would be an academic victory. We cannot even attempt to evaluate the motives of individual defendants in raising or not raising defenses, even if we regarded the matter as being significant, which we do not. ”

[↩︎]

Source: Wikisource

Earl Warren, United States v. Wise — Opinion of the Court

“ The appellee points to § 8 of the Sherman Act, 15 U.S.C. § 7, 15 U.S.C.A. § 7, which defines 'person' 'to include corporations and associations.' He argues that, since corporations are included within the term, individual corporate officers are thereby excluded. This is a non sequitur. The mere fact that the term is given a broad construction does not alter its basic meaning, and no such inference can be drawn from the express inclusion of corporations as 'persons.' The reason for this inclusion is readily understandable. ”

[↩︎]

Source: Wikisource

Earl Warren, United States v. Wise — Opinion of the Court

“ No substantial support for such an artificial interpretation of a seemingly clear statute is provided by the legislative history. The most that can be said for the appellee's position is that the Reagan Bill, an unsuccessful competitor of the Sherman Bill, specifically included corporate officers in its penal section while the Sherman Bill had no penal section at one time. The penal provision of the Reagan Bill was offered as an amendment to the Sherman Bill, and the Senate Committee on the Judiciary then redrafted and resubmitted a bill in the form which became the Sherman Act. ”

[↩︎]

Source: Wikisource

Earl Warren, United States v. Wise — Opinion of the Court

“ Every person who shall make any contract or engage in any combination or conspiracy declared * * * to be illegal shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.'↑ 'It is not without significance that offenses as serious, in congressional opinion, as those created by this statute are made misdemeanors. ”

[↩︎]

Source: Wikisource

Earl Warren, United States v. Wise — Opinion of the Court

“ The impetus for raising this issue at such a late date comes from the fact that in 1955 the Congress raised the penalty provision in the Sherman Act from $5,000 to $50,000 without making a corresponding increase in the $5,000 penalty found in the Clayton Act.
Section 1 of the Sherman Act imposes criminal sanctions upon 'every person' who violates that provision, 15 U.S.C. § 1, 15 U.S.C.A. § 1. [2] The Government contends that a corporate officer is obviously a 'person' within the Act. ”

[↩︎]

Source: Wikisource

Earl Warren, United States v. Wise — Opinion of the Court

“ The reports provide no assistance, but the debates do. Whether any supplementary legislation was necessary was the essence of the debates. As Senate Shields, an opponent, said, ' (§ 14) is merely a reenactment of the Sherman law, sections 1, 2, and 3. In other words, it has always been held that the officers of corporations violating the law were punishable under these sections * * *.' 51 Cong.Rec. ”

Earl Warren

Summary

Quotes from United States v. Wise — Opinion of the Court (Earl Warren)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature