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."
TABLE OF CONTENTS
|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|