The Liberty to Trade as Buttressed by National Law

The Liberty to Trade as Buttressed by National Law
by George Howard Earle, Jr.

The Liberty to Trade


Buttressed by National Law



Earle, Liberty to Trade as Buttressed by National Law, 1909 Dingbat.jpg


It has been said that in controversy everything depends upon whether truth be put in the first or in the second place. And so in constitutional law much depends upon whether "liberty" be given precedence.

Since the twelfth century it had been the custom of our ancestors to remedy public evils, as they appear, by the panacea of liberty and ever more liberty, and thus we have become the greatest and happiest nations of the world. Believing that material as well as spiritual welfare must be wrought out by individual effort and worth, we have naturally striven to restrict State action and power to the assurance to all of an equality of liberty to so work them out.

But of late other theories have grown in popularity,—all manner of restrictions, prompted by visionary theories and growing class feeling, have been attempted. That these experiments have, so far, so largely failed of injurious results has been chiefly due to yourself and your associates in the Supreme Court. When I was but a beginner in the law you were defending liberty in the tribunal of which you are a member; you are conspicuously still so doing. You have appeared in this respect the incarnation of the spirit and policy that have made our race great and happy; and I feel that if God loves our country He will still longer preserve you to it in this present hour of greatest need; and, so, I ask your permission to dedicate this hurried attempt to you, not because of any value in the tribute, but that I may, in the only way I can, express my admiration for all you are as well as all that you stand for; for, during the whole period of my citizenship, I have watched you ever "making way for liberty."


Introduction 5
Chapter I, "The Sherman Act" 7
Chapter II, Monopolies 15
Chapter III, Intent 21
Chapter IV, Tendency and Power 25
Chapter V, Indirectness of Restraint 31
Chapter VI, "Indirectness" in Relation to Cases of Non-Assent 41
Chapter VII, Competition 45
Chapter VIII, Restraints through Invading Liberty 51
Chapter IX, Damages 55
Chapter X, The Knight Case 61
Chapter XI, Intra-State Acts 69
Chapter XII, Conclusions and Conclusion 75

This work is in the public domain in the United States because it was published before January 1, 1927.

The author died in 1928, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 93 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.