Brief for the United States (1914)

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302 PART XV. In the Lnniher case, decided June 22, 1914 (23-1 U. S., 600), the latest decision by the Supreme Court on the Shemian Act, Mr. Justice Day repeated in the following language the principle which has been so often pronounced by the Court : The argument that the course pursued is necessary to the jDrotection of the retail trade and promotive of the public welfare in providing retail facilities, is answered by the fact that Congress, with the right to control the field of interstate conmierce, has so legislated as to prevent resort to practices which unduly restrain competition or unduly obstruct the free flow of such commerce, and private choice of means must yield to the national authority thus exercised. In International Harvester Co. v. Missouri the same court said (234 U. S., 199, 209) : It is too late in the day to assert against statutes which forbid combinations of competing companies that a particular combination was induced by good intentions and has had some good effect. PART XV. THE MOTION PICTURE PATENTS CO. IS AN UNLAWFUL INSTRUMENTALITY. CREATED, OPERATED, AND MAINTAINED FOR THE PURPOSE OF CARRYING INTO EFFECT AND ENFORCING THE ILLEGAL RESTRAINTS IMPOSED BY DEFENDANTS ON COMMERCE. IT MUST BE DISSOLVED. The Patents Co. was not a normal and natural development of commerce relating to the motionpicture art. The company did not commence busi