James Clark McReynolds

“ Here we have a contract, combination, and conspiracy entered into by parties within the United States and made effective by acts done therein. The fundamental object was control of both importation and sale of sisal and complete monopoly of both internal and external trade and commerce therein. The United States complain of a violation of their laws within their own territory by parties subject to their jurisdiction, not merely of something done by another government at the instigation of private parties. ”

“ The Sherman Act inhibits contracts, combinations, and conspiracies to destroy competition in interstate and foreign trade and commerce as well as attempts to monopolize such trade. Sections 73 and 74 of the Wilson Tariff Act, as amended, [1] declare unlawful every combination, conspiracy, trust, agreement, or contract intended to operate in restraint of trade in, or free competition in respect of, or intended to increase the market price of, any article when one of the parties is engaged in importing the same, and give the courts power to prevent and restrain those who violate the act. ”

“ Every person who is or shall hereafter be engaged in the importation of goods or any commodity from any foreign country in violation of this section of this act, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than one hundred dollars and not exceeding five thousand dollars, and shall be further punished by imprisonment in the discretion of the court, for a term not less than three months nor exceeding twelve months. ”