David Josiah Brewer

“ In pursuance of that freedom parties may seek to further their business interests, and it may not be always easy to draw the line between those contracts which are beyond the reach of the police power and those which are subject to prohibition or restraint. But a secret arrangement, by which, under penalties, an apparently existing competition among all the dealers in a community in one of the necessaries of life is substantially destroyed, without any merging of interests through partnership or incorporation, is one to which the police power extends. ”

“ But where there were four buyers, as in Bison, apparently competing, farmers nearer to Bison than to other villages, if not farmers more remote, would naturally seek that place in order to benefit by the competition. They would find an apparent competition, and yet each buyer was restrained by this contract from seeking to purchase more than his fourth of the wheat coming to the market, or, if he purchased more, must necessarily, in order to make his profit, buy his wheat, pay at least 3 cents a bushel less than what he might otherwise pay, that being the penalty for an excess purchase. ”

“ If other transactions are presented, in which there is an absolute freedom of contract beyond the power of the legislature to restrain, which come within the letter of any of the clauses of this statute, the courts will undoubtedly exclude them from its operation. As said by the supreme court of the state concerning the defendant's criticism of the breadth of this statute (p. 247, Pac. p. 201) :
'He cannot be heard to object to the statute merely because it operates oppressively upon others. The hurt must be to himself. ”