MONOPOLY AND THE LAW action, to acquire dominant and controlling power over any commerce, with intent to monopolize that commerce, whether this be done through the form of purchase of competing properties, or in any other form. It is no answer to say that, by limiting the right of purchase and acquisition of busi nesses and wealth, we are limiting the free dom of contract and the inherent right to acquire wealth, in violation of the funda mental law of the land. The constitution is often invoked to cover oppressive action and illegal methods, but the courts have answered these arguments in many cases. Freedom of contract, the individual freedom of the citizen to acquire property, and invoke the protection of the law in defense of his ownership, of course cannot be too highly valued, or protected with too scrupu lous care; but individual aggrandizement, or the combination of wealth, or corporate acquisition, may go to that extent where the individual rights and freedom of the citizen may be endangered. It is of the highest importance, in the preservation of society, and in the development and elevation of the race, that the right to earn a livelihood, to engage in any commerce, employment, or labor, be kept free and untrammeled. And when any aggregation of labor or capital reaches that point where any man is denied the free right to engage in enterprise, it is illegal before the law, and contrary to the instincts and the training of free men. It is not sufficient that the citizen be given merely an opportunity to earn a livelihood; the avenues of commerce, trade, and enter prise should be kept open. The man who has constantly before him the prospect of always being an employee, in a subordinate position; who can never rise above it; who has no prospect of being a proprietor, can not enter the field of competition in industry, in discovery, in commerce, is not in a position to develop those faculties of independence and enterprise, which mark the highest type of man. It is ambition in empire, or in industry, which marks human progress;
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and upon the happiness, the prosperity, the development and elevation of the individual depends the stability of the state. These propositions may be said not to be open to discussion, for the reason that the Congress has declared for freedom of trade against all restraints and monopolies; but the effectiveness of laws depends upon their interpretation and execution. The people have expressed their will, and Congress has exhausted its power, by declaring that all monopolies in restraint of trade shall be void. It is, as it has always been, for the courts to construe this language and to enforce this law. And upon the lawyers and the courts rests the responsibility of making effective these declarations of prin ciples made by the legislative bodies. I do not deny that new legislation is from time to time necessary as new conditions arise, but I do claim that the legislation now upon the statute books, amply authorized by the constitution, is sufficient, if properly inter preted and enforced by the courts, to remedy the evils of monopoly and restraint upon trade. These considerations are important when we come to apply the law to the various devices by which monopolies and restraints upon trade are attempted. This is the province of the courts, and they have shown themselves equal to the task. You ask, "What is the duty of the lawyer?" His duty is in the halls of the legislatures, in his private life, in his professional career, to carry out the policy and the principles of these laws; and not to seek means of avoid ing them. There is an impression that a lucrative branch of professional business is organizing trusts, combinations, and schemes for evading the law. To some extent this may be true, but I venture to say that the schemes for the evasion of the law have had their origin in the greed and cupidity of man more often than in the mind of the lawyer. I have no patience with the blatent demagogue who is running up and down the land vociferating against all wealth and corporations, without discrimination, or un-
