United States v. Brookman Co.

This case is before the Court on a motion of defendant West Coast Linoleum and Carpet Company to dismiss an indictment charging defendant with violation of the Sherman Anti-Trust Act, 15 U.S.C. § 1 .

The defendant contends that the indietment, which alleges that said defendant is a partnership organized and existing under the laws of California, does not state an offense because partnerships as such are not subject to criminal prosecution under the Sherman Act.

The Sherman Act, Section 1, provides that “every person” who shall make any contract or engage in any combination or conspiracy declared by Sections 1-7 to be illegal shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine or imprisonment or both.

Section 7 of the Act provides that the word “person” or “persons”, wherever used in Sections 1-7, “shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States” or “the laws of any state”.

■ The General Statutory Construction statute in effect at the time of the passage of the Sherman Act (See Revised Statutes See. 1, derived from 13 Stat. 258 , 287; 14 Stat. 163 ; 15 Stat.…