Brief for the United States (1914)

Record Details:

Title:
Brief for the United States
Date:
1914
Publisher:
Washington, D.C. : United States. Government Printing Office. Office of the Public Printer
Volume:
Brief for the United States
Leaf #:
000311
Language:
English
Collection:
Government & Law and Books
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
{"Media History Digital Library","Richard Koszarski",Domitor}
Coordinator:
Media History Digital Library
Description:
Date Added:
November 08, 2023
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PA in \iv. 299 111 the saiiic c.-isc, when it (•.iiiic t<» llic Sii prcmc Court, Mr. Justice |)<iy s.'iid ( TJ.i\ IT. S., 61, 87) : prcsci'NC rroiii iiikIiic rrstr;iiiit the t'rre action of conijx'titioii in intci-statc commerce was tlic purpose which controlled Oongress in enacting this statute and the courts should construe the law with a view to effecting the ohject of its eiiactiiieiit. ^fr. Justic(» l^eckhaui said in the T r<i iis-M issoitri freight case (KK) U. 8., 3-10) : AVhen the law-making power speaks upon a particular suhject, over which it has constitutitmal power to legislate, public policy in such a case is what the statute enacts. r In the view we have taken of the question, the intent alleged by the Government is not necessary to be proved. The question is on(^ of law in regard to the meaning and effect of the agreement itself, namely: Does th(* agreement restrain trade or commerce in a way so as to l)e a violation of the act? AVe have no doubt that it does. The necessary effect of the agreement is to restrain trade or commerce, no matter what the intent w^as on the part of those who signed it. The following is the language of ^Ir. Justice Harlan in the Xorfhern Securities case, 193 U. S., 339, and is quoted by Mr. Justice Day in the T^)ii()n Pacific case (226 U. S., 83) : Whether the free operation of the nonnal laws of competition is a wise and wholesome