David Josiah Brewer

“ Such a monopoly, the law which creates alone can break, and, being the creation of law, justifies legislative control. A monopoly of fact any one can break, and there is no necessity for legislative interference. It exists where any one, by his money and labor, furnishes facilities for business which no one else has. A man puts up in a city the only building suitable for offices. He has therefore a monopoly of that business; but it is a monopoly of fact, which any one can break, who, with like business courage, puts his means into a similar building. ”

“ It will not do to say that the transferring of grain through an elevator is one step in the process of transportation, and that, therefore, they are quasi common carriers discharging a public duty, and subject to public control. They are not carriers in any proper sense of the term. They may facilitate carriage; so does the boxing and packing of goods for transportation. The engineers, firemen, brakemen, and all the thousands of employes of a railroad company are helping the business of transportation ”

“ They are not upon public ground. If the business is profitable, any one can build another; the field is open for all the elevators, and all the competition that may be desired. If there be a monopoly, it is one of fact and not of law, and one which any individual can break. ”

“ They are not in the regular employ of the elevator, but engaged in an independent service, and yet one whose careful and skillful performance is essential to the successful transfer of grain into and through the elevator. The full service required of the elevator compels its proprietor to employ and superintend the work of these longshoremen. ”

“ I dissent especially in these cases, because the statute in effect compels service without any compensation. It provides that the parties seeking the service of the elevator 'shall only be required to pay the actual cost of trimming or shoveling to the leg of the elevator when unloading, and trimming cargo when loading.' This work of trimming or shoveling is fully explained in the briefs of counsel. It is work performed by longshoremen, with handscoops or shovels, on the vessel unloading or receiving the grain. ”