Byron White

“ I see no unconstitutional lack of definiteness in the prohibition of a conspiracy to exact excessive prices for necessaries. In the absence of a statutory definition of, or method of determining, standard prices, with which to compare the prices alleged to be excessive, the natural standard, according to which this provision of the act ought to be interpreted, is that adopted in the ordinary transactions of men, and adhered to by the common law time out of mind-the standard of fair market value ”

“ I assume (as the court has this day held) that the provision declaring it unlawful 'to make any unjust or unreasonable rate or charge in handling or dealing in or with any necessaries' is unconstitutional for want of a definite standard ”

“ Weeds v. United States
Argued: Oct. 18, 19, and 20, 1920. --- Decided: Feb 28, 1921
The plaintiffs in error, having been convicted and sentenced under an indictment containing eight counts, one of which, the sixth, was eliminated at the trial, prosecute this direct writ of error. ”