Brief for the United States (1914)

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I'Ain II. 9 pcM-niissihIc to allow thai to he done wliidi the statute prohibits. It matters not wliat fonii the coiiihinat ion may tak(^ or what K'"i' '> <>r dress it may put on. Ml*. Chief fJust iee White said in 1 he Tobacco decision (22.1 U. S., 1()()) that it had hccn hehl in the Sl<uul(tnl Oil case that the first and second sections of the act taken together embraced every conceivable act which could possibly come within the s})ii*it or ])urpose of the prohibitions of the law, without regard to the garb in which such acts were clothed. That is to say, it was held that in view of the general language of the statute , and the public policy which it manifested, there w^as no possibility of frustrating that policy by resorting to any disguise or su])terf uge of form, since resort to reason rendered it impossible to escape by any indirection the prohibitions of the statute. This was not the declaration of any new principle, for in the Northern Securities case, Mr. Justice Harlan, referring to the Sherman Act, had said (193 U. S., 197, 347) : No device in evasion of its provisions, however skillfully such device may have been contrived, and no combination, by whomsoever fonned, is beyond the reach of the supreme law of the land, if such device or combination by its operation directly restrains commerce among the States or with foreign nations in violation of the act of Congress.