Oliver Wendell Holmes, Jr.

“ Portions of the charge are criticised in this connection for pointing out to the jury that section 2 embraced not only monopoly but attempts to monopolize. But this was wholly to the plaintiff's advantage, as it explained that if the plaintiff was driven out of business by the defendant's acts it was entitled to recover if those acts were done in the course of an attempt to monopolize, whether or not they were crowned with success. It allowed the jury to consider everything that indicated such an attempt. ”

“ Another exception seems to us over critical. Mr. Waddell, the organizer of the plaintiff corporation and chief witness on its behalf, started it directly after leaving the Dupont Company, with which he had been for many years. He knew all the elements of the situation before he embarked on the venture, and did not do so until the Dupont Company had reached the height of its power. ”

“ The Court also ruled that the statute of limitations barred recovery for any damage suffered before September 18, 1905, six years before the beginning of the present suit. The plaintiff now contends that the Clayton Act of October 15, 1914, c. 323, § 5, 38 Stat. 731 (Comp. St. 1916, § 8835e) making admissible such criminal judgments 'hereafter rendered,' in some way should effect our decision upon a ruling made years before, and that by virtue of the same section the running of the statute of limitations was suspended retrospectively as to claims already barred, pending the Government suit. ”