international harvester america com kentucky argued decided june alexander pope humphrey edgar bancroft victor remy plaintiff error international harvester america com kentucky james garnett attorney general kentucky charles carroll frank ed daugherty robert layman mallory defendant error justice holmes delivered opinion plaintiff error prosecuted convicted fined three different counties entered agreement named companies purpose controlling price harvesters manufactured enhancing real value fixed enhanced price sold harvesters price excess real value pursuance agreement alleged judgments affirmed appeals id plaintiff error saved rights amendment brought cases law kentucky present form result construction several statutes somewhat far apart time seemingly contradictory import argued construction take place express language statute louisville central stock yards ed sup cited proposition case gives sanction point defect law cured precautions judgment seemed defect cured construction given words final authority declare intent follow kentucky appeals taking derive legislation state embodied single act history brief act may agreements purpose fixing limiting amount quantity article merchandise produced manufactured mined bought sold also combinations corporations others put business combination control intent limit fix change price articles commerce way diminish output articles made punishable fine imprisonment carroll stat new constitution adopted state made duty general assembly time time necessity may require enact laws may necessary prevent trusts combining depreciate real value article enhance cost article real value held repeal earlier statute com international harvester kentucy grows tobacco farmers dissatisfied prices able get oppressed alleged combination buyers march statute enacted made lawful number persons combine crops wheat tobacco corn oats hay farm products raised purpose obtaining higher price get selling separately session laws chap later act march legality combinations reaffirmed protected injunction sale purchase owner contrary agreement punished fine appeals came deal act constitution act reached conclusion may regarded established construction three taken together interaction avoid questions constitutionality taken make combination purpose controlling prices lawful unless purpose effect fixing price greater less real value article owen county burley tobacco soc brumback com international harvester international harvester com result seems combinations tobacco growers held restore equilibrium disturbed combination buyers owne county burley tobacco soc brumback collins com whereas prices rise combination manufacturers nearly presumed advance avove real value crime international harvester com plaintiff error contends law construed offers standard conduct possible know meet present earlier cases real value declared market value fair competition normal market conditions com international harvester international harvester com consider whether application illusory form words nine years incorporated combination invited law required guess peril product sold combination existed nothing else violently affecting values occurred seems since price machinery sold plaintiff error risen per cent testimony behalf showed meantime cost materials used increased per cent labor per cent whatever doubt may exact figures hardly suppose fact rise denied order called real value price effects combination eliminated plaintiff error told avail rise materials able get cheaper one subsidiary companies combination saving combination offset rise cost perhaps plainly concerns justice law bearing upon plaintiff error compared operation upon tobacco raisers said doubled trebled prices constitutional question proposed also concerns shows impossible think away principal facts case exists say price imaginary world value effect exchange relative social desire compared objects expressed terms common denominator fact generally less easy ascertain increase never extinguished competition might guessed existed combination made exclusion actual effect abnormal influences seem exclusion also increased efficiency machines inclusion effect combination far economically beneficial community problem human ingenuity solve reason general uncertainties jury trial elements necessary determine imaginary ideal uncertain nature degree effect acutest commercial mind community intensity whose wish relatively competing desires determines price give supposed differently organized subject influences acts easy put simple cases one us least complex supposed law must judged opinion stand regard decision consistent nash ed sup held criminal law unconstitutional merely throws upon men risk rightly estimating matter degree undue restraint trade deals actual imaginary condition facts goes recognize negligence two extremes obviously illegal plainly lawful gradual approach complexity life makes impossible draw line advance without artificial simplification unjust conditions permanent anything human great body precedents civil side coupled familiar practice make comparatively easy common sense keep safe business go men must unite must sell wares compel guess peril indictment community given continually changing conditions uncertain extent divine prophetically reaction partially minate facts upon imaginations desires purchasers exact gifts mankind possess judgments reversed justice mckenna justice pitney dissent