James Clark McReynolds

“ Whenever the commission shall have reason to believe that any such person, partnership, or corporation, has been or is using any unfair method of competition in commerce, and if it shall appear to the commission that a proceeding by it in respect thereof would be to the interest of the public, it shall issue and serve upon such person, partnership, or corporation a complaint stating its charges in that respc t, and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. ”

“ Undertaking to proceed under section 5, June 4, 1917, the commission issued a complaint containing two counts against respondents. The first related to unfair methods of competition, and the second charged violation of section 3 of the Clayton Act, approved October 15, 1914 (chapter 323, 38 Stat. 730 [Comp. St. § 8835c] ) . Respondents denied both charges. After taking much testimony the commission held there was no evidence to support the second count ”

“ Mr. Justice BRANDEIS dissenting, with whom Mr. Justice CLARKE concurs.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”