Watson's Jeffersonian Magazine, (Vol. III, No. 1), January, 1909Various
History
Watson's Jeffersonian Magazine, (Vol. III, No. 1), January, 1909
Various
United States -- Politics and government -- Periodicals
Judge Lacombe, in voicing the majority opinion of his Court,
observes that: “By insensible degrees, under the operation of many
causes, business, manufacturing and trading alike, has more and more
developed a tendency towards larger aggregations of capital and more
extensive combinations of individual enterprise. It is contended
that, under existing conditions, in that way only can production be
increased and cheapened, stability in reasonable prices secured and
industrial progress assured. But every aggregation of individuals
or of corporations, formerly independent, immediately upon its
formation terminates an existing competition; whether or not some
other competition may subsequently arise. The Act, as above construed,
prohibits every contract or combination in restraint of competition.
What benefits have come from this combination, or from others
complained of, it is not material to inquire, nor need subsequent
business methods be considered, nor the effects on production or
prices.”
[Illustration: Washington _Herald_]
Judge Noyes, who agreed with Judge Lacombe, says, in addition: “It
is of much importance to many people at the present time whether the
defendants have entered into an unlawful combination. It is OF THE MOST
MOMENTOUS IMPORTANCE TO ALL THE PEOPLE FOR ALL THE TIME WHETHER THE
NATIONAL GOVERNMENT HAS POWER TO REACH INDUSTRIAL COMBINATIONS DEALING
ACROSS STATE LINES.”
In his dissenting opinion, Judge Ward took the position that the
purposes of the defendants “should not be made to depend upon
occasional illegal or oppressive acts, but must be collected on their
conduct as a whole.” That they strove “to increase their business and
that their great success is a natural growth resulting from industry,
intelligence and economy, doubtless largely helped by the volume of
business and the great capital at command.”
What view will the Supreme Court take? That “restraint of trade” _is_
“restraint of trade” or that that it is _not_ “restraint of trade”
if only a few laws are broken, only a few competitors hurt and if
defendants are not suffering for want of money?
Haytian Revolution
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