Page:Earle, Does Price Fixing Destroy Liberty, 1920, 172.jpg

fore realized. Remembering the principles pointed out by Mr. Justice Holmes as to what constitutes "value," it is manifest that the unconstitutionality of this Act in this respect is not confined to the distinction between agriculturalists and all other classes. Of course, all should see that it cannot accord with natural justice to hold that the drover has no untrammeled rights of determining the value of his own food cattle, nor to be guided by the results of market price resulting from free competition, whilst a farmer has both, but that the defect extends much deeper. Let us suppose that two men have saved equal sums, and one has invested his savings in horses, whilst the other, in food cattle. The man owning the food cattle is, if current contentions are correct, deprived of both the guidance of the "market price" and his own free and untrammeled judgment, whilst the owner of the horses, should the cattle owner wish to buy of him, can not only fortify himself with both, but can even call upon the District Attorney to have the other fined and jailed for doing exactly the same thing. If this be so, of what avail the fifth Amendment?