646
The Green Bag
and the authorities upon the subject are quite a contract for exclusive rights for the term conflicting. Some hold a conspiracy to be of fifteen years to furnish sleeping cars to a an offense complete when entered into, upon railroad company was not invalid. It is which the statute of limitations immediately possible for all travelers to obtain like accom modations on sleeping cars, but where there begins to run. Others hold it to be a continu ing oflense, from which it is argued that the are different telephone companies, it would statute of limitations never begins to run be impossible to give them like service unless against a conspiracy until it has been aban each company were allowed the right of connection with the local exchanges. This doned and whatever result has been accom being the case, the contract in question plished by it annulled. . . . "But a conspiracy in restraint of trade is would necessarily prevent local companies nothing but a contract or agreement between from carrying out to the full extent their two or more persons in restraint of trade. If duties as public service corporations. The this indictment had charged 'that the de agreements were held invalid. fendants made a contract in restraint of Philippine Land Titles. Occupancy by trade,' I suppose no one would claim that a Native for Long Number of Years as Basis the statute of limitations did not begin to of Claim. U. S. run as soon as the contract was executed. In deciding the case of Reavis v. Fiansa How can the Government impose a different Nov. 1, favorably to the latter, the United liability by calling the thing by another States Supreme Court, in effect, held that name?" the occupancy of land by a native of the In the course of his opinion Justice Holt Philippine islands for a long number of years, administered a few words of censure to pub is a superior basis for a claim to the land to lic prosecutors for seeking indictments for that of settlement by an American. "conspiracy to commit a crime" rather than "Whatever may be the construction of for the crime itself:— Revised Statutes, section 2332," said Mr. "There seems to be a mysterious potency Justice Holmes, "the corresponding section in the word 'conspiracy.' Prosecutors seem of the Philippine act cannot be taken to adopt to think that by this practice all statutes of from the local law any other requirement limitation and many of the rules of evidence as to the possession than the length of time established for the protection of persons for which it must be obtained. Otherwise, charged with crime can be disregarded. But in view of the Spanish and American law if a conspiracy to commit a crime has been before 1902, no rights could be acquired and carried out and the crime committed it the section would be empty words." cannot be made something else by calling it Procedure. Technical Defect in an In a conspiracy." formation Nullified by the Record. Okla. Monopolies. Agreements between Tele The Court of Criminal Appeals of Okla phone Companies for Exclusive Rights of homa signifies its intention to be governed Connection Invalid. U. S. by reason and common sense rather than to The case of United States Telephone Co. v. be bound by precedent or technicality, in Central Union Telephone Co., 171 Fed. Rep. the case of Caples v. State, 104 Pac. Rep. 130, is a notable and interesting contribu 493. Defendant attempted to secure a tion to the law governing the rights of tele reversal of a criminal conviction on the phone companies as public service corpora ground of defects in the information. tions. The complainant company made The caption read: "State of Oklahoma, contracts with several local companies by Plaintiff," etc., instead of "The State of which they agreed to permit no connection Oklahoma, etc.," and there was no allegation with any other company for a period of that the prosecution was by the state as it ninety-nine years. Several of the companies is required to be by constitutional provision. broke this agreement. The court discussed The court held that even if the caption were the character of the telephone business as a necessary part of the information, the being public in its nature, but drew a dis constitutional provision would be met if tinction between it and the sleeping car applicable at all, and there was no necessity business, in which it was held, in Chicago, of alleging that the prosecution was by the St. L.& N. O. R. Co v. Pullman Co. (139 state, where it appeared from the record that U. S. 79, 11 Sup. Ct. 490, 35 L. ed. 97), that it was actually being so conducted. "The
