George Sutherland

“ It is not important, therefore, to inquire whether, as contended by respondents, the object of the combination was merely to regulate of employment of men, and not to restrain commerce. A restraint of interstate commerce cannot be justified by the fact that the object of the participants in the combination was to benefit themselves in a way which might have been unobjectionable, in the absence of such restraint. ”

“ If the restraint thus imposed had related to the carriage of goods in interstate and foreign commerce-that is to say, if each shipowner had precluded himself from making any contract of transportation directly with the shipper, and had put himself under an obligation to refuse to carry for any person without the previous approval of the associations-the unlawful restraint would be clear. But ships and those who operate them are instrumentalities of commerce, and within the commerce clause, no less than cargoes. ”

“ Neither the making of goods nor the mining of coal is commerce, and the fact that the things produced are afterwards shipped or used in interstate commerce does not make their production a part of it. Nor is building commerce, and the fact that the materials to be used are shipped in from other states does not make building a part of such interstate commerce. ”