by George Howard Earle, Jr.

“ To combine to add all the benefits of cooperation to all of those safeguarded by competition, cannot, possibly, be a public evil; but nevertheless the courts have a right and duty to, and do, in the first instance examine each such case critically. ”

“ The keeping of that power there should, therefore, be the highest object of every lover of his country. But all history, from the Roman Emperors down, but demonstrates that any power under which monopolies spring to life or flourish is doomed. ”

“ No conduct has such an absolute privilege as to justify all possible schemes of which it may be a part. The most innocent and constitutionally protected of acts or omissions may be made a step in a criminal plot, and if it is a step in a plot neither its innocence nor the Constitution is sufficient to prevent the punishment of the plot by law. ”

“ If that have a unique superiority, it is that ultimate power is vested in a body of men who but decide—not use. Tendency to selfish application is therefore reduced as it has never been in any other country. ”

“ The passage in the Freight Association case [6] on the treatment of intent, should be noted, being of the utmost importance, as are the following illustrations of what may be a direct restraint from the Joint Traffic Association case: [7] "There can be no doubt that the general tendency of competition among competing railroads is toward lower rates for transportation, and the result of lower rates is generally a greater demand for the articles so transported, and this greater demand can only be gratified by a larger supply, the furnishing of which increases commerce. ”

“ Winsor, and the Maxim case. When businesses were bought to add to prosperity, not to stifle competition; when the manifest purpose was only so to profit; when the trust was actually increasing product to fill the channels of trade ”