by George Howard Earle, Jr.

“ What does "monopoly" really mean? What evil did it inflict? Why was it prohibited?
Mr. Justice Jackson says in In re: [1] "A monopoly, in the prohibitive sense, involves the "element of an exclusive privilege or grant which restrained others from the exercise of a right or liberty which they had before the monopoly was "secured," and gives many other meanings.
It is manifest, however, that Congress in these United States, and in the year 1890, was not legislating against the monopolies that bad been destroyed by the statute of James in 1623! ”

“ An "overshadowing combination" necessarily gives the power and necessary interest to inflict the evils flowing from "sole sale," while the evil may easily be totally wanting in many minor and convenient combinations which really facilitate trade. In construing every statute since Heydon's case, [11] "what was the evil and effect" has always been carefully scrutinized. ”

“ There is a natural feeling that somehow or other the statute meant to strike at combinations great enough to cause just anxiety on the part of those who love their country more than money, while it viewed such little ones as I have supposed with just indifference. ”

“ Lawlor [6] that whatever is prohibited to sovereign States is likewise and a fortiori unlawful in mere aggregations of individuals. Finally, that "monopolies," in their modern sense, hark back to their natural and original common law sense as applied to "unifications," etc. ”