Gibbons v Ogden Decision Fair or Unfair :: essays papers

Gibbons v Ogden Decision Fair or Un plumbThe end in the Gibbons v. Ogden case is, in my opinion, a very justand fair one. Many believe it to be the first anti- trust conclusion in U.S.history. The economic results can non be over-estimated, a differentdecision could have resulted in completely different circumstances than withwhich we are accustomed to today. The free escape of commerce, which weseem to almost take for granted in modern economics and business, may havenever been a possibility without decisions such as this. Monopolies did not eitherow for equal division of business and therefore was unjust. If all men arecreated equal they should be obligen equal opportunities. The radical YorkLivingston-Fulton monopoly clearly subjected any potential competition toharsh conditions that would chip in it impractical for them to keep up in theirbusiness. Travel by steamboat was much quick than any other means in thetime of this case and to give complete control to only one partnership wasunfair. Under the genius coitus has the right to regulate commerce. Although the monopoly was a form of internal bow trade regulation itdirectly impacted on inter-state trade afterwards a number of states passed legal philosophysto come back at the New York monopoly. Therefore, Congress had the rightto intervene and end the monopoly. To completely understand the impact of the Gibbons-Ogden decisionit is necessary to understand the situation surrounding it. In 1798 Robert R.Livingston secured an exclusive twenty year grant from the New Yorklegislature. By the terms of this grant he could exclusively navigate bysteam the rivers and other waters of the state, provided that indoors twoyears he should build a boat which would make four miles an hour against thecurrent of the Hudson River. The legislature had no faith whatsoever in theproject but the decision was still made against the many a(prenominal) jeers. The termsof the grant were not met and i t was renewed in 1803, this time toLivingston and his new partner, Robert Fulton. It was renewed once more in1807 and finally that August Fultons steamboat made its first successfultrip from New York to Albany. The following year the Legislature, fullyaware of the practical significance of Fultons achievement, passed a lawstating that for each new boat navigated on New York waters by Fulton andLivingston that they should be provided with a five year extension to theirmonopoly, which may not exceed thirty years.