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PART XVI.
Judge Hook, concurring, said:
I concur in the foregoing opinion. The International Harvester Co. is not the result of the normal growth of the fair enterprise of an individual, a partnership, or a corporation. On the contrary, it was created by combining five great competing companies which controlled more than 80 per cent of the trade in necessary farm implements, and it still maintains a substantial dominance. That is the controlling fact ; all else is detail. No one who has studied with an open mind the history of the Sherman Act and the atmosphere in which it was framed can reasonably doubt that it was not born of a mere concern over prices in dollars and cents, but that it was also directed at the creation of artificial barriers across the avenues of industry deemed destructive of the opportunity, initiative, and independence of those who come after, and therefore against the common good. And the remedies prescribed were prohibition. It may be, as is said, that there is a growing recognition of the need of great concentrated resources for trade and conunerce, even tliough secured l)y combination of inde]^endent, competing concei'ns. But that is not tlie Sherman Act. And a statute must be taken })y the court as a true estimate of that preponderance of pu])lic opinion which calls for legislative ex])ressi()n. It is not for them to question whether that opinion was rightly weighed or interpreted, wlietlier it is wise oi unwise, or