James Clark McReynolds

“ In considering whether the complaint is sufficient, it is necessary to bear in mind the nature of the proceeding under review. The proceeding is not punitive. The complaint is not made with a view to subjecting the respondents to any form of punishment. It is not remedial. The complaint is not filed with a view to affording compensation for any injury alleged to have resulted from the matter charged, nor with a view to protecting individuals from any such injury in the future. The proceeding is strictly a preventive measure taken in the interest of the general public. ”

“ These are conditions closely resembling those under which 'full-line forcing,' 'exclusive-dealing requirements' of 'shutting off materials, supplies or machines from competitors'-well-known methods of competition, have been held to be unfair, when practiced by concern holding a preponderant position in the trade. ”

“ It is a new device in administrative machinery, introduced by Congress in the year 1914, in the hope thereby of remedying conditions in business which a great majority of the American people regarded as menancing the general welfare, and which for more than a generation they had vainly attempted to remedy by the ordinary processes of law. ”

“ Furthermore, an enumeration, however comprehensive, of existing methods of unfair competition must neces arily soon prove incomplete, as with new conditions constantly arising novel unfair methods would be devised and developed. ”

“ It was believed that widespread and growing concentration in industry and commerce restrained trade, and that monopolies were acquiring increasing control of business. Legislation designed to arrest the movement and to secure integration of existing combinations had been enacted by some of the states as early as 1889. In 1890 Congress passed the Sherman Law (Comp. St. §§ 8820-8823, 8827-8830) . It was followed by much legislation in the states [2] and many official investigations. ”