“ The limitations upon our jurisdiction under the criminal appeals act [1] are such that we must accept the circuit court's construction of the counts, and consider only whether its decision that the acts charged are not condemned as criminal by the anti-trust act is based upon an erroneous construction of that statute. ”

“ Each of the counts in question charges the defendants and others with engaging in a conspiracy 'in restraint of, and to restrain,' by the method therein described, 'trade and commerce among the several states' in the supply of cotton available during the year ending September 1, 1910, such supply consisting of all the cotton grown in the Southern states in that year and the cotton left over from prior years. ”

“ The point of difference is the presence or absence of an adequate allegation that the purchasing for future delivery was to be coupled with a withholding from sale, without which, it is conceded by both parties, the market could not be cornered. But the solution of the point turns upon the right construction of the counts, and that, as has been indicated, is not within our province on this writ of error. We must assume that the counts adequately allege whatever the circuit court treated them as alleging. ”

“ Upon the corner becoming effective, there could be no trading in the commodity save at the will of the conspirators and at such price as their interests might prompt them to exact. And so, the conspiracy was to reach and to bring within its dominating influence the entire cotton trade of the country. ”

“ Rep. 301, 13 Ann. Cas. 815, Standard Oil Co. v. United States, 221 U.S. 1, 55 L. ed. 619, 34 L.R.A. (N.S.) 834, 31 Sup. Ct. Rep. 502, Ann. Cas. 1912D, 734; United States v. American Tobacco Co. 212 U.S. 106, 55 L. ed. 663, 31 Sup. Ct. Rep. ”