standard oil new jersey argued decided april reargued january standard oil new jersey john milburn david watson john johnson frank crawford elliott martin carey john freeman ernest irwin appellants attorney general wickersham frank kellogg charles morrison cordenio severance appellee chief justice white delivered opinion standard oil company new jersey corporations john rockefeller william rockefeller five individual defendants prosecute appeal reverse decree decree entered upon bill filed authority act july stat chap comp stat known antitrust act object enforcement provisions act record inordinately voluminous consisting volumes printed matter aggregating pages containing vast amount confusing conflicting mony relating innumerable complex varied business transactions extending period nearly forty years effort pave way reach subjects called upon consider propose outset following order bill give merest possible outline contents summarize answer indicate course trial point briefly decision rendered bill exhibits covering pages printed record filed november corporations known standard oil company new jersey standard oil company california standard oil company indiana standard oil company iowa standard oil company kansas standard oil company kentucky standard oil company nebraska standard oil company new york standard oil company ohio two corporations partnerships also seven individuals named defendants bill divided thirty numbered sections sought relief upon theory various defendants engaged conspiring restrain trade commerce petroleum commonly called oil refined oil products petroleum among several territories district columbia foreign nations monopolize said commerce conspiracy alleged formed year three individual defendants viz john rockefeller william rockefeller henry flagler detailed averments concerning alleged conspiracy arranged reference three periods first second third time filing bill general charge concerning period follows said first period said individual defendants connection standard oil company ohio purchased obtained interests stock ownership otherwise entered agreements various persons firms corporations limited partnerships engaged purchasing shipping refining selling petroleum products among various purpose fixing price crude refined oil products thereof limiting production thereof controlling transportation therein thereby restraining trade commerce among several monopolizing said commerce establish charge averred john william rockefeller several named individuals prior composed three separate partnerships engaged business refining crude oil shipping products interstate commerce organized year corporation known standard oil company ohio transferred company business said partnerships members thereof becoming proportion prior ownership stockholders corporation averred individual defendants soon afterwards became participants illegal combination either transferred property corporation individuals held benefit parties interest proportion respective interests combination proportion stock ownership standard oil company ohio means thus stated charged year combination acquired substantially three four forty oil refineries located cleveland ohio reason power thus obtained execution intent purpose restrain trade monopolize commerce interestate well intrastate petroleum products bill alleged combination bers obtained large preferential rates rebates many devious ways competitors various railroad companies means advantage thus obtained many virtually competitors forced either become members combination driven business thus alleged period question following results brought combination addition refineries cleveland acquired previously stated either dismantled limit production continued operate also time time acquired large number refineries crude petroleum situated new york pennsylvania ohio elsewhere properties thus acquired like previously obtained although belonging held benefit combination ostensibly divergently controlled put name standard oil company ohio name corporations limited partnerships affiliated therewith left name original owners become stockholders standard oil company ohio thus members alleged illegal combination combination obtained control pipe lines available transporting oil oil fields refineries cleveland pittsburg titusville philadelphia new york new jersey combination period named obtained complete mastery oil industry controlling per cent business producing shipping refining selling petroleum products thus able fix price crude refined petroleum restrain monopolize interstate commerce products averments bearing upon second period relation claim said second period conspiracy defendants entered contract trust agreement various independent firms corporations limited partnerships individuals engaged purchasing transporting refining shipping selling oil products thereof among various turned management said business corporations limited partnerships nine trustees composed chiefly certain individuals defendant herein said trust agreement restraint trade commerce violation law hereinafter particularly alleged trust agreement thus referred set bill made january terms stock forty corporations including standard oil company ohio large quantity various properties previously acquired alleged combination held diverse forms previously indicated benefit members combination vested trustees successors held parties interest jointly body trust agreement contained list various individuals corporations limited partnerships whose stockholders members portion thereof became parties agreement list margin agreement made provision method controlling managing property trustees formation additional manufacturing tions various trust unless terminated mode specified continue lives survivors survivor trustees named agreement years thereafter agreement provided issue standard oil trust certificates represent interest arising trust properties affected trust course view provisions agreement subject related caused interest certificates coincident exact representative interest combination standard oil company ohio soon afterwards alleged trustees organized standard oil company new jersey standard oil company new york former capital stock latter capital stock subsequently increased respectively bill alleged pursuant said trust agreement said trustees caused transferred stocks corporations limited partnerships named said trust agreement caused various individuals copartnerships owned apparently independent refineries properties employed business refining transporting selling oil among said various tories aforesaid transfer property situated said several respective standard oil companies said new york new jersey pennsylvania ohio corporations organized acquired said trustees time time stocks property acquired trustees issued trust certificates alleged trustees controlled stock ownership various corporations limited partnerships engaged purchase transportation refining selling shipping oil per list excerpted margin bill charged second period quo warranto proceedings commenced standard oil company ohio resulted entry ohio march decree capital trust stock ownership oswego manufacturing company manufacturers wood cases entire pratt manufacturing company manufacturers petroleum products standard oil company new york manufacturers petroleum products stone fleming manufacturing company limited manufacturers petroleum products thompson bedford company limited manufacturers petroleum products per cent vacuum oil company manufacturers petroleum products per cent new jersey eagle oil company manufacturers petroleum products entire mckirgan oil company jobbers petroleum products standard oil company new jersey manufacturers petroleum products adjudging trust agreement void standard oil company ohio party also agreement capital trust stock ownership pennsylvania acme oil company manufacturers petroleum products atlantic refining company manufacturers petroleum products galena oil works limited manufacturers petroleum products per cent imperial refining company limited manufacturers petroleum products entire producers consolidated land petroleum company producers crude oil per cent national transit company transporters crude oil per cent standard oil company manufacturers petroleum products entire signal oil works limited manufacturers petroleum products per cent ohio consolidated company jobbers petroleum products per cent inland oil company jobbers petroleum products per cent standard oil company manufacturers petroleum products entire solar refining company manufacturers petroleum products kentucky standard oil company jobbers petroleum products maryland baltimore oil company manufacturers petroleum products west virginia camden consolidated oil company manufacturers petroleum products per cent minnesota standard oil company jobbers petroleum products entire missouri oil company jobbers petroleum products per cent restraint trade amounted creation unlawful monopoly alleged shortly decision seemingly purpose complying therewith voluntary proceedings apparently dissolve trust proceedings subterfuge sham simply amounted transfer stock held trust companies controlled remaining twenty companies controlled decree thereby seemingly part giving dominion yet reality preserving means control companies retained complete authority charged especially case stock companies selected transfer virtually owned nine trustees members immediate families associates bill alleged attorney general ohio instituted contempt proceedings quo warranto case based upon claim trust dissolved required decree case time also proceedings quo warranto commenced forfeit charter pipe line known buckeye pipe line company capital trust stock ownership massachusetts beacon oil company jobbers petroleum products entire maverick oil company jobbers petroleum products maine portland kerosene oil company jobbers petroleum products iowa standard oil company jobbers petroleum products per cent continental oil company jobbers petroleum products per cent ohio corporation whose stock alleged owned members combination ground connection trust held illegal result proceedings bill charged caused resort alleged wrongful acts asserted committed third period follows third period said conspiracy pursuance thereof said individual defendants operated standard oil company new jersey holding corporation corporation obtained acquired majority stocks various corporations engaged purchasing transporting refining shipping selling oil among various territories district columbia foreign nations thereby managed controlled violation laws hereinafter particularly alleged alleged month january individual defendants caused charter standard oil company new jersey amended business objects said company stated follows wit kinds mining manufacturing trading business transporting goods merchandise land water manner buy sell lease improve land build houses structures vessels cars wharves docks piers lay operate pipe lines erect lines conducting electricity enter carry contracts every kind pertaining business acquire use sell grant licenses patent rights purchase otherwise acquire hold sell assign transfer shares capital stock bonds evidences indebtedness corporations exercise privileges ownership including voting upon stock held carry business offices agencies therefor parts world hold purchase mortgage convey real estate personal property outside state new jersey capital stock since march increased individual defendants therefore continued majority board directors without going detail suffices say alleged bill shortly proceedings trust came end stock various corporations controlled transferred holders standard oil company new jersey corporation issued therefor certificates common stock amount bill contained allegations referring development new oil fields example california southeastern kansas northern indian territory northern oklahoma made reference building otherwise acquiring combination refineries pipe lines new fields purpose restraining straining monopolizing interstate trade petroleum products reiterating substance averments standard oil trust standard oil company new jersey since monopolized restrained interstate commerce petroleum products bill great length additionally set forth various means second third periods addition effect occasioned combination alleged previously independent concerns monopoly restraint complained continued without attempting follow elaborate averments subjects spread pages printed record suffices say averments may properly grouped following heads rebates preferences discriminatory practices favor combination railroad companies restraint monopolization control pipe lines unfair practices peting pipe lines contracts competitors restraint trade unfair methods competition local price cutting points necessary suppress competition espionage business competitors operation bogus independent companies payment rebates oil like intent division districts limiting operations various subsidiary corporations districts competition sale petroleum products corporations entirely eliminated destroyed finally reference made alleged unreasonable profits earned standard oil trust standard oil company result alleged monopoly presumably averred means reflexly inferring scope power acquired alleged combination coming prayer bill suffices say general terms substantial relief asked first combination restraint interstate trade commerce monopolized alleged bill found existence parties thereto perpetually enjoined act give effect second transfer stocks various corporations standard oil company new jersey alleged bill held violation sections trust act standard oil company new jersey enjoined restrained manner continuing exert control subsidiary corporations means ownership said stock otherwise third specific relief injunction awarded violation statute acts specifically complained bill also prayer general relief numerous defendants named bill oil company resident district suit commenced defendant served process therein contemporaneous filing bill made order act service process upon defendants wherever found thereafter various defendants unsuccessfully moved vacate order service nonresident defendants filed pleas jurisdiction joint exceptions likewise unsuccessfully filed upon ground impertinence many averments bill complaint particularly related acts alleged done combination prior passage act prior year certain defendants filed separate answers joint answer filed behalf standard oil company new jersey numerous defendants scope answers adequately indicated quoting summary subject made brief appellants sufficient say whilst admitting many alleged acquisitions property formation trust dissolution acquisition standard oil company new jersey stocks various corporations deny allegations respecting combinations conspiracies restrain monopolize oil trade particularly socalled trust acquisition shares defendant companies standard oil company new jersey combination independent competing concerns corporations averments petition respecting means adopted monopolize oil trade traversed either denial acts alleged purpose intent effect june cause issue special examiner appointed take evidence report filed march heard april expediting act february stat chap comp stat supp circuit consisting four judges decided favor opinion delivered multitude acts wrongdoing charged bill put aside far alleged committel prior passage act evidence defendants purpose continuing conduct effect fed decree entered adjudged sombining stocks various companies hands standard oil company new jersey constituted combination restraint trade also attempt monopolize monopolization trust act decree seven individual defendants standard oil company new jersey domestic companies one foreign company standard oil company new jersey controls stock ownership corporate defendants held parties combination found exist bill dismissed corporate defendants three number adjudged decree proved engaged operation carrying combination standard oil company new jersey enjoined voting stocks exerting control said subsidiary companies subsidiary companies enjoined paying dividends standard company permitting exercise control virtue stock ownership power acquired means combination individuals corporations also enjoined entering carrying effect like combination evade decree individual defendants standard company subsidiary corporations enjoined engaging continuing interstate commerce petroleum products continuance illegal combination outset question jurisdiction requires consideration shall also preliminary dispose another question end attention may completely concentrated upon merits controversy come consider first opinion consequence presence within district oil company authority act rightly took jurisdiction cause properly ordered notice served upon nonresident defendants second overruling exceptions taken much bill counted upon facts occurring prior passage act whatever may view original question duty restrict controversy much narower area propounded bill think possibility present stage case action treated prejudicial error justifying reversal say shall gave weight testimony adduced averments complained except far tended throw light upon acts done passage act results charged participated enjoyed alleged combination time filing bill thus brought fact face merits controversy law facts opposing contentions pressed argument numerous aspects irreconcilable difficult reduce fundamental generalization disposed decide instance law sides agree determination controversy rests upon correct construction application sections act yet views meaning act wide apart poles since real point agreement view act also case scope effect authorities relied upon even although instances one authority asserted controlling also facts thus one hand relentless pertinacity minuteness analysis insisted facts establish assailed combination took birth purpose unlawfully acquire wealth oppressing public destroying rights others entire career exemplifies inexorable carrying wrongful intents since asserted pathway combination beginning time filing bill marked constant proofs wrong inflicted upon public strewn wrecks resulting crushing without regard law individual rights others indeed convlusive urged proof subjects asserted existence principal corporate defendant standard oil company new jersey vast accumulation property owns controls infinite potency harm dangerous example continued existence affords open enduring menace freedom trade byword reproach modern economic methods hand powerful analysis facts insisted demonstrate origin development vast business defendants control result lawful competitive methods guided economic genius highest order sustained courage keen insight commercial situations resulting acquisition great wealth time serving stimulate increase production widely extend distribution products petroleum cost largely otherwise prevailed thus proving one time benefaction general public well enormous advantage individuals denied enormous volume proof contained record period almost lifetime proof addressed may found acts wrongdoing insistence rather exception rule cases either result great individual zeal keen rivalries business methods habits dealing even wrong commonly practised time discover state truth concerning contentions arguments call analysis weighing said outset jungle conflicting testimony covering period forty years duty difficult rightly perform even satisfactorily accomplished almost impossible state reasonable regard brevity duly appreciating situation stated certain one point concord parties discernible controversy every aspect controlled correct conception meaning sections act shall otherwise natural order one opint harmony initial basis examination contentions relying upon conception harmonious resonance may result adequate dominate control discord case abounds say shall first come consider meaning sections act text discerning process appears true meaning shall proceed consider respective contentions parties concerning act strength weakness contentions well accuracy meaning act deduced text light prior decisions concerning done shall approach facts following course shall make investigation four separate headings first text sections act originally considered meaning light common law law country time adoption second contentions parties concerning act scope effect decisions upon rely third application statute facts fourth remedy afforded result application first text act meaning quote text sections act follows every contract combination form trust otherwise conspiracy restraint trade commerce among several foreign nations hereby declared illegal every person shall make contract engage combination conspiracy shall deemed guilty misdemeanor conviction thereof shall punished fine exceeding imprisonment exceeding one year said punishments discretion every person shall monopolize attempt monopolize combine conspire person persons monopolize part trade commerce among several foreign nations shall deemed guilty misdemeanor conviction thereof shall punished fine exceeding imprisonment exceeding one year said punishments discretion stat chap comp stat debates show doubt whether common law governed subject absence legislation among influences leading passage act conclusively show however main cause led legislation thought required economic condition times vast accumulation wealth hands corporations individuals enormous development corporate organization facility combination organizations afforded fact facility used combinations known trusts multiplied widespread impression power exerted oppress individuals injure public generally although debates may used means interpreting statute freight asso ed sup cases cited rule nature things violated resorting debtates means ascertaining environment time enactment particular law history period adopted doubt sole subject section deals restraint trade therein contemplated attempt monopolize monopolization subject tion concerned certain terms least rudimentary meaning took origin common law also familiar law country prior time adoption act question shall endeavor first seek meaning indulging elaborate learned analysis english law law country making brief reference elementary indisputable conceptions english american law subject prior passage antitrust act certain remote period words restraint trade england came refer voluntary restraint put contract individual right carry trade calling originally contracts considered illegal deemed injurious public well individuals made interest freedom individuals contract doctrine modified restraint contract general conterminos kingdom treated void say restraint partial operation otherwise reasonable contract held valid monopolies defined lord coke follows monopoly institution allowance king grant commission otherwise person persons bodies politic corporate sole buying selling making working using anything whereby person persons bodies politic corporate sought restrained freedom liberty hindered lawful trade inst hawkins thus defined monopoly allowance king particular person persons sole buying selling making working using anything whereby person sought restrained freedom manufacturing trading hawk bk chap frequent granting monopolies struggle led denial power create say establishment incompatible english constitution known need reviewed evils led public outcry monopolies final denial power make may thus summarily stated power monopoly gave one enjoyed fix price thereby injure public power engendered enabling limitation productin danger deterioration quality monopolized article deemed inevitable resultant monopolistic control production sale monopoly thus conceived embraced consequence arising exertion sovereign power express restrictions prohibitions obtained creating individual monopoly considered least far necessaries life concerned individuals abuse right contract might able usurp power arbitrarily enhance prices one wrongs arising monopoly came laws passed relating offenses forestalling regrating engrossing prohibitions placed upon power individuals deal circumstances conditions according conception times created presumption dealings simply honest exertion one right contract benefit unaccompanied wrongful motive injure others consequence contract course dealing character give rise presumption intent injure others means instance monopolistic increase prices illustrated definition engrossing found statute edw chap follows person persons shall engross get hands buying contracting demise grant lease land tithe corn growing fields corn grain butter cheese fish dead victuals whatsoever within realm england intent sell shall accepted reputed taken unlawful engrosser engrossers statutes providing engrossing quantity engrossed required whole proximate part whole article clear wide difference monopoly engrossing etc principal wrong deemed result monopoly enhancement price wrong thought prohibited engrossment give rise came pass monopoly engrossing regarded virtually one thing words prohibited act engrossing inevitable accomplishment one evils deemed engendered monopoly came referred monopoly constituting attempt monopolize thus pollexfen argument east india sandys skinner said common law said trade free cited inst taylors de ipswich sherring rolle common law much monopoly engrossing differ monopoly patent king act subject party party michiefs law darcy allen moore coke sole trade anything engrossing ex rei natura whosoever hath sale trade buying selling hath engrossed trade soever hath sole trade country hath sole trade buying selling produce country price engrossing operation mental process led considering monopoly acts although constitute monopoly thought produce baneful effects also impediment burden due course trade produced acts came referred restraint trade shown lord coke definition monopoly institution allowance whereby person persons bodies politic corporate sought restrained freedom liberty hindered lawful trade illustrated also definition hawkins gives monopoly wherein said effect monopoly restrain citizen freedom manufacturing trading see especially opinion parker mitchel reynolds ws classification made monopoly brings generically within description restraint trade generalizing considerations situation common law monopolies unlawful restriction upon individual freedom contract injury public necessaries life freedom individual deal restricted nature character dealing engender presumption intent bring least one injuries deemed result monopoly undue enhancement price protect freedom contract individual interest principally interest common weal contract individual put unreasonable restraint upon carrying trade ness void common law evils consequent upon engrossing caused things treated coming within monopoly sometimes called monopoly considerations caused monopoly operation effect brought within spoken generally impeding due course restraint trade development accurate enonomic conceptions changes conditions society came recognized acts prohibited engrossing forestalling statutes harmful tendency presumed legislation concerning enacted therefore justify presumption previously deduced contrary acts tended fructify develop trade see statutes george chap enacted statute victoria chap enacted repealing prohibitions engrossing forestalling upon express ground prohibited acts come considered favorable development restraint trade remarkable nowhere common law found prohibition creation monopoly individual seem manifest either consciously intuitively profound conception inevitable operation economic forces equipoise balance favor protection rights individuals resulted say deemed monopoly concrete arise act sovereign power sovereign power restrained prohibitions individuals directed creation monopoly applied acts relation particular subjects deemed restrained consequences monopoly might result instinctive recognition truisms course trade made free obstructing individual right trade protected destroying right review made clearly results outside restrictions resulting want power individual voluntarily unreasonably restrain right carry trade business outside want right restrain free course trade contracts acts implied wrongful purpose freedom contract abstain contracting exercise every reasonable right incident thereto became rule english law scope effect freedom trade contract clearly shown decision mogul mcgregor week asp mar cas true decision house lords case question announced shortly passage act serves reflexly show exact state law england time statute enacted country also acts deemed resulted part injurious consequences ascribed monopoly came referred monopoly words case england practical common sense caused attention concentrated centrated upon theoretically correct name given condition acts gave rise harmful result result remedying evils produced statement made illustrated early statute province massachusetts chap laws monopoly forestalling expressly treated one thing also true principles concerning contracts restraint trade voluntary restraint put person right pursue calling hence operating subjectively came generally recognized accordance english rule came moreover pass contracts acts considered monopolistic tendency especially thought unduly diminish competition hence enhance words also generic sense spoken treated england restricting due course trade therefore restraint trade dread monopoly emanation governmental power passed early date mind country result structure government serve assuage fear evil consequences might arise acts individuals producing tending produce consequences monopoly resulted treating acts said amounting monopoly sometimes constitutional restrictions legislative enactments judicial decisions served enforce illustrate purpose prevent occurrence evils recognized mother country consequent upon monopoly providing contracts acts individuals combinations individuals corporations deemed conducive results refer constitutional legislative provisions subject many judicial decisions illustrate unnecessarily prolong opinion append margin note treaties wherein contained references constitutional statutory provisions numerous decisions relating subject found modern conditions arose trend legislation judicial decision came adapt recognized restrictions new manifestations conduct dealing thought justified inference intent wrong purpose prevent beginning evolution clearly pointed national cotton oil texas ed sup shawnee compress anderson ed sup indeed found illustrated various aspects decisions concerned enforcement act considering without going detail briefly surveying whole field may accuracy said dread enhancement prices wrongs thought flow undue limitation competitive conditions caused contracts acts individuals corporations led matter public policy prohibition treating illegal contracts acts unreasonably restrictive competitive conditions either nature character contract act surrounding circumstances justify conclusion entered performed legitimate purpose reasonably forwarding personal interest developing trade contrary character give rise inference presumption entered done intent wrong general public limit right individuals thus restraining free flow commerce tending bring evils enhancement prices considered public policy equally true say survey legislation country subject beginning show depending upon economic conceptions obtained time legislation adopted judicial decision rendered contracts acts one time deemed character justify inference wrongful intent another period thought character seen simply followed line development law england let us consider language sections guided principle words employed statute time meaning common law law country presumed used sense unless context compels contrary section words interpreted contract combination form trust otherwise conspiracy restraint trade commerce hereby declared illegal room dispute statute intended formulate rule regulation interstate foreign commerce question rule adopted view common law law country restraint trade reviewed illuminating effect history must rule referred think results context manifests statute drawn light existing practical conception law restraint trade groups within class contracts restraint trade subjective sense contracts acts theoretically attempts monopolize yet practice come considered restraint trade broad sense view many new forms contracts combinations evolved existing economic conditions deemed essential enumeration make sure form contract combination undue restraint interstate foreign commerce brought save restraint condemnation statute view evidenced intent restrain right make enforce contracts whether resulting combinations otherwise unduly restrain interstate foreign commerce protect commerce restrained methods whether old new constitute interference undue restraint contracts acts embraced provision expressly defined since enumeration addressed simply classes acts classes broad enough embrace every conceivable contract combination made concerning trade commerce subjects commerce thus caused act done enumerated methods anywhere whole field human activity illegal restraint trade inevitably follows provision necessarily called exercise judgment required standard resorted purpose determining whether prohibition contained statute given case violated thus specifying indubitably contemplating requiring standard follows intended standard reason applied common law country dealing subjects character embraced statute intended measure used purpose determining whether given case particular act brought wrong statute provided consideration text section serves establish intended supplement make sure possible guise public policy embodied section frustrated evaded prohibition embrace person shall monopolize attempt monopolize combine conspire person persons monopolize part trade commerce among several foreign nations reference terms certain word clearly implies corporation well individual commerce referred words part construed light manifest purpose statute geographical distributive significance includes portion one classes things forming part interstate foreign commerce undoubtedly words monopolize used section reach every act bringing prohibited results ambiguity involved determining intended monopolize ambiguity readily dispelled light previous history law restraint trade referred indication gives practical evolution monopoly acts produce result monopoly undue restraint course trade came spoken indeed synonymous restraint trade words section forbidden means monopolizing trade unduly restraining means every contract combination section seeks possible make prohibitions act complete perfect embracing attempts reach end prohibited section restraints trade attempt monopolize monopolization thereof even although acts results attempted brought brought embraced within general enumeration section course section thus harmonized made intended complement becomes obvious criteria resorted given case purpose ascertaining whether violations section committed rule reason guided established law plain duty enforce prohibitions act thus public policy restrictions obviously enacted subserve worthy observation previously remarked concerning common law although statute comprehensiveness enumerations embodied sections makes certain purpose prevent undue restraints every kind nature nevertheless omission direct prohibition monopoly concrete indicates consciousness freedom individual right contract unduly improperly exercised efficient means prevention monopoly since operation centrifugal centripetal forces resulting right freely contract means monopoly inevitably prevented extraneoous sovereign power imposed right make unlawful contracts monopolistic tendency permitted words freedom contract essence freedom undue restraint right contract clear seems us meaning provisions statute light review made nevertheless definitively applying meaning behooves us consider contentions urged one side concerning meaning statute maintained give aspects much wider every view least somewhat different significance brings us second question outset stated purpose consider dispose second contentions parties meaning statute decisions relied upon concerning contentions substance propositions urged government reducible language statute embraces every contract combination restraint trade hence text leaves room exercise judgment simply imposes plain duty applying prohibitions every case within literal language error involved lies assuming matter decided true acts may come classes stated section restraint trade section applies specifically enumerated defined obvious judgment must every case called play order determine whether particular act embraced within statutory classes whether act within classes nature effect causes restraint trade within intendment act hold contrary require conclusion either every contract act combination kind nature whether operated restraint trade within statute thus statute destructive right contract agree combine respect whatever subjects embraced interstate trade commerce conclusion reached contention require held statute define things related excluded resort means acts relates ascertained light reason enforcement statute impossible uncertainty merely generic enumeration statute makes acts refers absence definition restraint trade used statute leaves room one conclusion expressly designed unduly limit cation act precise definition clearly fixing standard defining ulterior boundaries transgressed impunity leave determined light reason guided principles law duty apply enforce public policy embodied statute every given case whether particular act contract within contemplation statute said persuasive views may may applied previous decisions given statute meaning expressly excludes construction must result reasoning stated cases missouri freight asso ed sup joint traffic asso ed sup cases involved legality combinations associations railroads engaged interstate commerce purpose controlling conduct parties association combination many particulars association combination assailed case violation statute held undoubted opinion case general language made use separated context justify conclusion decided reason resorted purpose determining whether acts complained within statute however also true nature character contract agreement case fully referred suggestions unreasonableness pointed order indicate within prohibitions statute cases possible conception treated authoritative without certitude reason resorted purpose deciding follows matter course must held light reason since conclusion otherwise reached assailed contracts agreements within general enumeration statute operation effect brought restraint trade statute prohibited inevitable deduction reason cases relied upon found acts complained within statute operated produce injuries statute forbade resort reason permissible order allow done statute prohibited true rulings case relied upon rightly appreciated therefore nothing considering contracts agreements necessary effect character parties made clearly restraints trade within purview statute taken category indulging general reasoning expediency nonexpediency made contracts wisdom want wisdom statute prohibited made say cases decided nature character contracts creating conclusive presumption brought within statute result disregarded substitution judicial appreciation law plain judicial duty enforcing law made aside reasoning true say cases relied upon rightly construed sustain doctrine contended established numerous decisions applied enforced act since nature things rest upon premise reason guide provisions act every case interpreted indeed intermediate decision two cases decision freight association case decision joint traffic case case hopkins ed sup cided opinion delivered justice peckham wrote opinions freight association joint traffic cases referring hopkins case broad claim made rule interpretation announced freight association case said treat condemned act agreements result cost conducting interstate commercial business may increased enlarge application act far beyond fair meaning language used must direct immediate effect upon interstate commerce order come within act joint traffic case statement expressly reiterated approved illustrated example like limitation general language used freight association joint traffic cases also clear result bement sons national harrow ed sup especially cincinnati packet bay ed sup criterion determined cases whether every contract combination restraint trade within intendment law direct indirect effect acts involved course rule reason becomes guide construction given statute instead refuted cases relied upon cases demonstrated correct true construction deduced history act analysis text simply every case claimed act acts violation statute rule reason light principles law public policy act embodies must applied follows since rule result test direct indirect ultimate aspect come one thing difference two therefore obtains things differ true identity result rule intended applied freight association case rule direct indirect rule reason statute construe applied may asked opinion freight association case much consideration given subject whether agreement combination involved case taken prohibitions statute upon theory reasonableness question pertinent must fully frankly met deemed freight association case mistakenly decided broadly stated doctrine announced either expressly overruled limited confusion gives rise question results failing distinguish want power take case terms circumstances surrounded considering among circumstances character parties plainly within statute operation statute resort reason effect establish contract treated within statute duty every case becomes necessary nature character parties decide whether within statute pass upon question light reason distinction think serves point ultimate conception thought underlying reference rule reason made freight association case reference interpreted context opinion light subsequent opinion hopkins case cincinnati packet bay order slightest degree wanting frankness say far however separating general language used opinions freight association joint traffic cases text subject parties cases concerned may conceived language referred conflicts construction give statute necessarily limited qualified see possible escape conclusion adhere many cases decided law applied enforced duty apply enforce law future continue exist first true construction give statute slightest degree conflict single previous case decided concerning trust law aside contention freight association joint traffic cases every one cases applied rule reason purpose determining whether subject within statute second also true since already pointed unaided light reason impossible understand statute may future enforced public policy establishes made efficacious far objections appellants concerned embraced two headings act even averments bill true constitutionally applied extend power congress subjects dehors reach authority regulate commerce enabling body deal mere questions production commodities within structure upon argument proceeds based upon decision knight ed sup view however argument takes case arguments based upon view repeatedly pressed upon connection interpretation enforcement act necessarily expressly decided unsound cause contentions plainly foreclosed require press notice northern securities ed sup loewe lawler ed sup ann cas swift ed sup montague lowry ed sup shawnee compress anderson ed sup many arguments pressed various forms statement substance amount contending statute applied facts case without impairing rights property destroying freedom contract trade essentially necessary society insisted protected constitutional guaranty due process law ultimate foundation arguments assumption reason may resorted interpreting applying statute therefore statute unreasonably restricts right contract unreasonably operates upon right acquire hold property premise demonstrated unsound construction given statute course propositions rest upon premise need noticed far arguments proceed upon conception view generality statute susceptible enforced courts carried without judicial exertion legislative power clearly unsound statute certainly generically enumerates character acts prohibits wrong intended prevent propositions therefore insist consistently fundamental principles due process law never left judiciary decide whether given case particular acts come within generic statutory provision reduce propositions however final meaning makes clear substance deny existence essential legislative authority challenge right judiciary perform duties department government exerted beginning clear require elaboration yet let us demonstrate needs demonstration obvious examples take instance familiar cases judiciary called upon determine whether particular act acts within given prohibition depending upon wrongful intent take questions fraud consider power must exercised every case courts called upon determine whether particular acts invalid abstractly speaking valid asserted invalid direct effect upon interestate commerce come third proposition requiring consideration viz third facts application statute beyond dispute proofs establish substantially alleged bill following facts creation standard oil company ohio organization standard oil trust also previous one referred bill proceedings ohio culminating decree based upon finding company unlawfully party trust transfer trustees stocks certain companies contempt proceedings finally increase capital standard oil company new jersey acquisition company shares stock corporations exchange certificates vast amount property possibilities control resulted facts last stated shown statement previously annexed concerning parties trust agreement corporations whose stock held trustees trust came therefore held new jersey corporation statements accuracy convey appreciation situation existed time entry decree since ten years elapsed acquiring new jersey corporation stock property formerly held trustees trust agreement situation course somewhat changed change analyzed light proof think establishes result enlarging capital stock new jersey company giving vast power referred produced normal consequence gave corporation despite enormous dividends despite dropping dertain corporations enumerated decree enlarged perfect sway control trade commerce petroleum products ultimate situation referred made manifest examination decree excerpted margin giving facts stated weight deemed entitled light afforded colonial oil company continental oil company crescent pipe line company eureka pipe line company oil company indiana pipe line company lawrence natural gas company mahoning gas fuel company mountain state gas company national transit company new york transit company northern pipe line company northwestern ohio natural gas company ohio oil company people natural gas company pittsburg natural gas company solar refining company southern pipe line company south penn oil company southwest pennsylavania pipe lines standard oil company california standard oil company indiana standard oil company iowa standard oil company kansas standard oil company kentucky standard oil company nebraska standard oil company new york standard oil company ohio swan finch company union tank line company vacuum oil company washington oil company oil company defendant national transit company owned controlled standard oil company aforesaid owns controls amounts capital stocks corporations limited partnerships stated opposite respectively follows total owned name company capital national stock transit company connecting gas company cumberland pipe line company east ohio gas company franklin pipe company limited prairie oil gas company proof cognate facts circumstances held acts dealings established standard company also acquired control ownership stock otherwise security oil company corporation created laws texas owns refinery beaumont state manhattan oil company corporation owns pipe line situated indiana ohio standard company corporations partnerships named engaged various branches business producing purchasing transporting petroleum principal districts new york pennsylvania west virginia tennessee kentucky ohio indiana illinois kansas oklahoma lousiana texas colorado california shipping transporting oil pipe lines owned controlled companies various districts refining petroleum manufacturing various products shipping petroleum products thereof territories district columbia foreign nations shipping petroleum products tank cars owned controlled subsidiary companies various territories district columbia selling petroleum products various places territories district columbia foreign countries standard company controls subsidiary companies directs management thereof none subsidiary companies competes companies standard company trade managed single person proof operated destroy competition otherwise existed extent cause transfers stock made new jersey corporation control resulted many various subsidiary corporations combination conspiracy restraint trade violation section act also attempt monopolize monopolization bringing perennial violation section see cause doubt correctness conclusions considering subject every aspect view facts established record necessary operation effect law construed upon inferences deducible facts following reasons unification power control petroleum products inevitable result combining new jersey corporation increase stock transfer stocks many corporations aggregating vast capital gives rise absence countervailing circumstances say least prima facie presumption intent purpose maintain dominancy oil industry result normal methods industrial development new means combination resorted order greater power might added otherwise arisen normal methods followed whole purpose excluding others trade thus centralizing combination perpetual control movements petroleum products channels interstate commerce prima facie presumption intent restrain trade monopolize bring monopolization resulting act expanding stock new jersey corporation vesting vast control oil industry made conclusive considering conduct persons corporations mainly instrumental bringing extension power new jersey corporation consummation result prior formation trust agreements considering proof done agreements acts immediately preceded vesting power new jersey corporation well weighing modes power vested corporation exerted results arisen recurring acts done individuals corporations mainly instrumental bringing expansion new jersey corporation period prior formation trust agreements including agreements purpose weighing substantial merit numerous charges wrongdoing made period solely aid discovering intent purpose think disinterested mind survey period question without irresistibly driven conclusion genius commercial development organization seem manifested beginning soon begot intent purpose exclude others frequently manifested acts dealings wholly inconsistent theory made single conception advancing development business power usual methods contrary necessarily involved intent drive others field exclude right trade thus accomplish mastery end view considering period date trust agreements time expansion new jersey corporation gradual extension power commerce oil ensued decision ohio tardiness reluctance conforming commands decision methods first adopted finally culminated plan new jersey corporation additionally serve make manifest continued existence intent previously indicated among things impelled expansion new jersey corporation exercise power resulted organization fortifies foregoing conclusions since development came acquisition ensued every efficient means competition asserted slow resistless methods followed means transportation absorbed brought control system marketing adopted country divided districts trade district oil turned designated corporation within combination others excluded lead mind conviction purpose intent think certain practically cause subject within domain reasonable contention inference attempt monopolize intended monopolization resulted acts complained since established small percentage crude oil produced controlled combination unwarranted substantial power crude product inevitable result absolute control existed refined product monopolization one carried power control inferences situation suggests developed deem unnecessary might well serve add additional cogency presumption intent monopolize found arises unquestioned proof subjects thus brought last subject called upon consider viz fourth remedy administered may conceded ordinarily found acts done violation statute adequate measure relief result restraining acts future swift ed sup case like condition brought violation statute continued attempt monopolize also monopolization duty enforce statute requires application broader controlling remedies penalties authorized law may inflicted judicial authority follows meet situation confronted application remedies character becomes essential forbid future acts like found done past violative statute exertion measure relief effectually dissolve combination found exist violation statute thus neutralize extension continually operating force possession power unlawfully obtained brought continue bring applying remedies purpose however fact must overlooked injury public prevention undue restraint monopolization trade commerce foundation upon prohibitions statute rest moreover one fundamental purposes statute protect destroy rights property let us means accurately determining relief afford first come consider relief afforded order fix far necessary take add relief end prohibitions statute may complete operative force virtue decree part previously excerpted margin adjudged new jersey corporation far held stock various corporations recited decree controlled combination violation section act attempt monopolize monopolization contrary section act commanded dissolution combination therefore effect directed transfer new jersey corporation back stockholders various subsidiary corporations entitled stock turned new jersey company exchange stock make command effective decree forbade new jersey corporation form manner exercising ownership exerting power directly indirectly virtue apparent title stocks subsidiary corporations prohibited subsidiary corporations paying dividends new jersey corporations act recognize power company except extent necessary enable company transfer stock far owners stock subsidiary corporations corporations concerned stock transferred decree enjoined way conspiring combining violate act monopolize attempt monopolize virtue ownership stock transferred prohibited agreements subsidiary corporations stockholders future tending produce bring violations act pending accomplishment dissolution combination transfer stock consummated defendants named constituting corporations referred enjoined engaging carrying interstate commerce among things delay thirty days granted carrying effect directions decree far decree held ownership stock new jersey corporation constituted combination violation section attempt create monopoly monopolize section commanded dissolution combination decree clearly appropriate also true decree restrained new jersey corporation subsidiary corporations anything recognize give effect ownership new jersey corporation stocks ordered retransferred contention far relief way injunction awarded stockholders subsidiary corporations subsidiary corporations transfer stock new jersey corporation completed conformity decree relief awarded broad sufficiently specific tended cause within embrace order cease protection law land required thereafter conduct business jeopardy punishments contempt violating general injunction new york interstate commerce commission ed sup besides said restraint imposed putting view consideration moverover calculated injury public may produce restraint due course trade intended prevent say since necessarily follow illegal restraint trade attempt monopolize monopolization resulted combination transfer stocks subsidiary corporations new jersey corporation like restraint attempt monopolize monopolization necessarily arise agreements one subsidiary corporations transfer stock new jersey corporation illustration take pipe lines effect transfer stock pipe lines come control various corporations instead subjected uniform control various corporations owning lines determined public interests combine make continuous line agreement combination repugnant act yet might restrained decree another example take union tank line company one subsidiary corporations owner practically tank cars use combination possibility existed agreements distribution cars among subsidiary corporations serious detriment public interest might result conceding merit abstractly considered contentions irrelevant think since construe sixth paragraph decree depriving stockholders corporations dissolution combination power make normal lawful contracts agreements restraining device whatever recreating directly indirectly illegal combination decree dissolved words construe sixth paragraph decree depriving stockholders corporations right live law land compelling obedience law therefore sixth paragraph thus construed amenable criticism directed produce harmful results arguments suggest obviously right think view magnitude interests involved complexity delay thirty days allowed executing decree short extended embrace period least six months also view possible serious injury result public absolute cessation interstate commerce petroleum products vast agencies embraced combination result might arise portion decree enjoined carrying interstate commerce new jersey corporation subsidiary companies dissolution combination transfer stocks accordance decree awarded conclusion decree right affirmed except minor matters concerning indicated decree modified order therefore one affirmance directions however modify decree accordance opinion retain jurisdiction extent necessary compel compliance every respect decree ordered justice harlan concurring part dissenting part sense duty constrains express objections certain declarations opinion delivered behalf concur holding standard oil company new jersey subsidiary companies constitute combination restraint interstate commerce attempted monopolize monopolized parts commerce violation known act stat chap comp stat evidence case overwhelmingly sustained view led circuit final decree order dissolution new jersey corporation discontinuance illegal combination corporation subsidiary companies judgment decree affirmed without qualification affirming decree directs modifications respect characterizes matters apprehended modifications may prove mischievous saying particularly view statement opinion necessarily follow illegal restraint trade attempt monopolize monopolization resulted combination transfer stocks subsidiary corporations new jersey corporation like restraint trade attempt monopolize monopolization necessarily arise agreements one subsidiary corporations transfer stock new jersey corporation taking language connection parts opinion subsidiary companies thus effect although new jersey corporation illegal combination must go existence may join agreement restrain commerce among restraint order objections certain parts opinion may distinctly appear must state circumstances congress passed act trace course judicial decisions meaning scope necessary decision interpreted language opinion upset interpretation act usurped constitutional functions legislative branch government due respect opinions others feel bound say said may well cause alarm integrity institutions let us see matter stands recall condition country remember everywhere among people generally deep feeling unrest nation rid human slavery feel conviction universal country real danger another kind slavery sought fastened american people namely slavery result aggregations capital hands individuals corporations controlling profit advantage exclusively entire business country including production sale necessaries life danger thought mminent felt must met firmly statutory regulations adequately protect people oppression wrong congress therefore took matter gave whole subject fullest consideration agreed national government legislation regulate domestic trade carried wholly within several power regulate trade remained never surrendered authority expressly granted constitution congress regulate commerce among several foreign authority regulate commerce paramount due force given provisions fundamental law devised fathers safety government protection security essential rights inhering life liberty property guided considerations end people far interstate commerce concerned might dominated vast combinations monopolies power advance selfish ends regardless general interests welfare congress passed act words italics elsewhere opinion mine every contract combination form trust otherwise conspiracy restraint trade commerce among several foreign nations hereby declared illegal every person shall make contract engage combination conspiracy shall deemed guilty misdemeanor conviction thereof shall punished fine exceeding five thousand dollars imprisonment exceeding one year said punishments discretion every person shall monopolize attempt monopolize combine conspire person persons monopolize part trade commerce among several foreign nations shall deemed guilty misdemeanor conviction thereof shall punished fine exceeding five thousand dollars imprisonment exceeding one year said punishments discretion every contract combination form trust otherwise conspiracy restraint trade commerce territory district columbia restraint trade commerce territory another territory territories state district columbia foreign nations district columbia state foreign nations hereby declared illegal every person shall make contract engage combination conspiracy shall deemed guilty misdemeanor conviction thereof shall punished fine exceeding five thousand dollars imprisonment exceeding one year said punishments discretion stat chap comp stat important inquiry present case meaning scope act application interstate commerce occasion determine meaning scope act important case known freight case ed sup question validity antitrust act certain agreement numerous railroad companies whereby formed association purpose establishing maintaining rates rules regulations respect freight traffic specified routes two questions involved first whether act applied railroad carriers second whether agreement basis suit brought agreement annulled illegal held railroad carriers embraced act determining question among things said language act includes every contract combination form trust otherwise conspiracy restraint trade commerce among several foreign nations far terms statute go apply contract nature described contract therefore restraint trade commerce strict language act prohibited even though contract entered competing common carriers railroad purposes thereby affecting traffic rates transportation persons property agreement restrains trade commerce prohibited statute unless said agreement matter terms relating transportation restrain trade commerce see escape conclusion agreement nature restrain agreement condemned act substantial interests country one commodity within sole power subject sole one powerful combination capital congress far jurisdiction extends prohibited contracts combinations form trusts entered purpose restraining trade commerce statute prohibits combinations form trusts otherwise limitation confined form alone combinations restraint trade commerce prohibited whether form trusts form whatever proceeded consider second questions saying next question discussed true construction statute assuming applies common carriers railroad meaning language used statute contract combination form trust otherwise conspiracy restraint trade commerce among several foreign nations hereby declared illegal confined contract combination unreasonable restraint trade commerce include language act plainly terms covers contracts nature much amplification argument urged statute declaring illegal every combination form trust otherwise conspiracy restraint trade commerce mean language used therein plainly imports means declare illegal contract unreasonable restraint trade leaving others unaffected provisions act meaning term restraint trade includes contracts unreasonable restraint trade term used federal statute intended include contracts restraint trade unreasonable restraint thereof simple use term restraint trade contracts nature whether valid otherwise included alone kind contract invalid unenforceable unreasonalbe restraint trade therefore body act pronounces illegal every contract combination restraint trade commerce among several plain ordinary meaning language limited kind contract alone unreasonable restraint trade contracts included language exception limitation added without placing act omitted congress kind contract unreasonable restraint trade within meaning statute declared therein illegal apparent subject reasonable rate attended great uncertainty say therefore act excludes agreements unreasonable restraint trade tend simply keep reasonable rates transportation substantially leave question reasonableness companies assuming agreements nature void common law various cases cited learned courts show answer statement validity found terms statute consideration arguments addressed us inclusion contracts restraint trade provided language act based upon alleged presumption congress notwithstanding language act intended embrace contracts contracts unreasonable restraint trade circumstances therefore asked hold act congress excepts contracts unreasonable restraint trade keep rates reasonable price notwithstanding language act makes exception words asked read act way judicial legislation exception placed lawmaking branch government done upon theory impolicy legislation clear supposed congress intended natural import language used act read contended defendants congress body amend process judicial legislation wholly unjustifiable large numbers agree view taken defendants sound true substance congress may probably share belief passing act public policy government found statutes directly spoken decisions courts constant practice government officials lawmaking power speaks upon particular subject constitutional power legislate public policy case statute enacts law prohibit contract combination restraint trade commerce contract combination made violation law void whatever may theretofore decided courts public policy county subject conclusion drawn examination made question us act applies railroads renders illegal agreements restraint trade commerce defined expression question arises whether agreement us nature made extended extracts opinion freight case order show beyond question point urged counsel act condemned contracts combinations trusts conspiracies unreasonable restraint interstate commerce clear decisive language met point adjudged congress unequivocal words declared contract combination form trust otherwise conspiracy restraint commerce among several shall illegal distinction far interstate commerce concerned tolerated restraints commerce undue unreasonable restraints due reasonable full knowledge condition country business congress mined meet meet situation absolute statutory prohibition contract combination form trusts otherwise restraint trade commerce still response suggestion able counsel congress intended strike contracts combinations monopolies unreasonably restrained interstate commerce words clear misunderstood said hold read act way judicial legislation exception placed lawmaking branch government said seen thus appears fifteen years ago purpose congress passing act fresh minds courts lawyers statesmen general public expressly declined indulge judicial legislation inserting act word word like import may stated country large accepted view act federal courts throughout entire country enforced provisions according interpretation given freight association case done questioned soundness interpretation placed act case decided insert word act legislation part alternative left opposed decision case induce congress amend act recognize right restrain interstate commerce reasonable extent public press magazines law journals debates congress speeches addresses public men jurists contain abundant evidence general understanding meaning extent scope act judicially determined question remaining open discussion wisdom policy declared act matter exclusively within cognizance congress every session congress since decision lawmaking branch government full knowledge decision refused change policy declared amend act except operation contracts combinations trusts reasonably restrain interstate commerce combinations illegal despair set baseless claim decision disturbed interests country let known never content rule established permit interstate commerce subjected reasonable restraints finally opportunity came raise question upon full consideration determined allude case joint traffic asso ed sup decided case suit thirty railroad companies declare illegal act certain agreement companies relief asked denied subordinate federal courts government brought case important state points urged case defendant companies charged violating act show promptly met end make copious extract opinion joint traffic case among things said comparing agreement one joint traffic case consideration one set forth case freight asso ed sup great similarity suggests similar result reached two cases learned counsel joint traffic case urged reconsideration question decided case contending decision case freight case quite plainly erroneous consequences error farreaching disastrous clearly war justice sound policy construction placed upon statute received public surprise alarm suggested point made joint traffic case meaning scope act might made previous case said report case clearly shows point taken urged upon attention intentionally necessarily decided question whether consider point decided case disposed decisive language follows asked reconsider question decided case retrace steps taken therein plain error contained decision widespread alarm received serious consequences resulted may soon result law interpreted case proper remark application reconsideration question lately decided usually based upon statement arguments employed original hearing question overlooked misunderstood controlling authority either misapplied passed without discussion notice strictly application rehearing case yet substance thing asked reconsider question decided careful investigation matter involved heretofore effect two arguments precisely questions arguments addressed us occasions report case shows dissenting opinion delivered case opinion concurred three members opinion seen gives great force ability arguments decision finally arrived full discussion questions involved knowledge views entertained minority expressed dissenting opinion majority came conclusion soon decision petition rehearing case made supported printed argument favor pressed earnestness vigor length certainly commensurate importance case care deliberation also full appreciation importance considered questions involved former decision majority arrived conclusion first announced accordingly denied application third time arguments employed asked recant former opinion decide question direct opposition conclusion arrived case learned counsel making application frankly confess argument opposition decision case named fully clearly forcibly presented dissenting opinion justice white freight case hardly possible add necessary repeat fact close division opinion matter first advisement together different views taken judges lower courts led us careful scrutinizing examination arguments advanced sides examination majority came conclusion alleged former occasion overlooked argument respondents misapplied controlling authority simply insisted notwithstanding arguments opposite view arrived erroneous result reasons already stated reconsidered reversed twice already deliberately earnestly considered arguments third time pressed upon attention hardly expected opinion change already expressed utterances taken connection previously said freight case show clearly affirmatively admit doubt many years ago upon fullest consideration interpreted antitrust act prohibiting making illegal every contract combination whatever form restraint interstate commerce without regard reasonableness unreasonableness monopolies attempt monopolize part trade commerce let refer cases scope decision freight association case referred bement sons national harrow ed sup said true held act act included restraint commerce whether reasonable unreasonable citing freight asso ed sup joint traffic asso ed sup addyston pipe steel ed sup montague lowry ed sup involved validity act certain association formed sale tiles mantels grates referring contention sale tiles san francisco small negligible quantity held association nevertheless conbination restraint interstate trade merce violation act loewe lawlor ed sup ann cas members concurred saying missouri joint traffic northern securities ed sup cases effect law broader application prohibition restraints trade unlawful common law shawnee compress anderson ed sup members concurred declaring decided unreasonable direct restraints trade prohibited law thereby distinguished common law addyston pipe steel app fed judge taft speaking circuit appeals sixth circuit said according decision freight association case restraint interstate transportation within statute whether restraints regarded reasonable common law chesapeake fuel fed circuit appeals sixth circuit referring right congress regulate interstate commerce thus interpreted prior decisions joint traffic addyston pipe steel cases exercise right congress seen fit prohibit contracts restraint trade left courts consideration question whether restraint reasonable unreasonable whether contract illegal common law act leaves consideration judicial authority question character contracts combinations declared illegal restraint trade commerce among far back robbins taxing district ed inters com sup held certain local regulations subjecting drummers engaged interstate domestic trade sustained reason fact discrimination made among citizens different observed meet difficulty reason commerce taxed view congress doubt acted act forbadeany restraint whatever upon interstate commerce manifestly proceeded upon theory interstate commerce restrained combinations trusts monopolies must allowed flow accustomed channels wholly unvexed unobstructed anything restrain ordinary movement see also minnesota barber ed inters com sup brimmer rebman ed inters com sup opinion delivered behalf minority northern securities case present chief justice referred contentions made defendants freight association case namely one agreement involved unreasonably restrain interstate commerce said contentions decided association holding antitrust act embrace interstate carriage railroad corporations act prohibited contract restraint interstate commerce hence embraced contracts character whether reasonable unreasonable one justices dissented northern securities case separate opinion concurred minority thus referred freight joint traffic cases carefully remembered clause applies contract forbidden kind consideration turning point missouri freight association case size nothing matter monopoly part commerce among unlawful connection may well refer adverse report made senator nelson behalf senate judiciary committee reference certain bill offered senate proposed amend antitrust act various particulars report contains full careful able analysis judicial decisions relating combinations monopolies restraint trade commerce among things said bear questions involved present case act makes criminal offense violate law provides punishment fine imprisonment inject act question whether agreement combination reasonable unreasonable render act criminal penal statute indefinite uncertain hence extent utterly nugatory void practically amount repeal part act technical objection apply civil prosecutions injection rule reasonableness unreasonableness lead greatest variableness uncertainty enforcement law defense reasonable restraint made every case many different rules reasonableness cases courts juries one jury might deem unreasonable another jury might deem reasonable jury ohio might find given agreement combination reasonable jury wisconsin might find agreement combination unreasonable case people sheldon chief justice andrews remarks agreements combinations prevent competition prices may hurtful trade sure remedy prohibit agreements character validity agreement made depend upon actual proof public prejudice injury difficult case establish invalidity although moral evidence might convincing amend antitrust act suggested bill entirely emasculate practical purposes render nugatory dial statute criminal prosecutions lie civil remedies labor greatest doubt uncertainty act exists clear comprehensive certain highly remedial practically covers field federal jurisdiction every respect model law destroy undermine present juncture combinations increase appear oblivious ever rights public calamity result indefinite postponement senate consideration proposed amendments act adjudged upon full consideration meaning scope act view usages attorneys litigants attempted reopen questions deliberately decided confess little surprise occurred present case says previous cases cited possible conception treated authoritative without certitude reason resorted purpose deciding opinion full intimations proceeded cases far present question concerned without guided reason light reason intimated suggested act construed prohibiting every contract combination whatever nature fact restraint commerce regardless reasonableness unreasonableness restraint fact show proceeded decision according light reason disregarded reason cases wrong construction act certain fully apprehended views advanced learned counsel previous cases pronounced untenable published reports place beyond question opinion delivered justice wide experience judicial officer attorney general lawyers recognized sides great leaders profession eminent jurist delivered opinion missouri case delivered opinion joint traffic case association latter case represented lawyers whose ability universally recognized supposed point escaped notice cases think sagacity justice expressed views ability profound astute lawyers sought interpretation act compel insert words statute congress put insertion words amount legislation asked distinctly declared done said constitutionally mere interpretation modified act congress deprived practical value defensive measure evils remedied reading opinion delivered first inquiry unanimous holding particular things done standard oil company subsidiary companies case illegal act whether things reasonable unreasonable restraint interstate commerce necessary make elaborate argument done opinion show according reason act passed congress interpreted contained word word answer frankness given question intends decide deliberate judgment fifteen years ago effect act permitted restraint whatever interstate commerce whether reasonable unreasonable accordance reason effect says first time bring discussion reason apply reason questions decided authority saying course proceeding part legislation still done involves serious departure settled usages counsel ordinarily allowed discuss questions already settled previous decisions present term rule applied louis taylor ed sup occasion determine meaning scope original safety appliance act congress passed protection railroad employees passengers interstate trains stat chap comp stat particular construction act insisted upon interstate carrier sued safety appliance act contention different construction one insisted upon carrier harsh one quoting words act justice moody said escape meaning words explanation clarify employed confuse lessen significance obvious purpose legislature supplant qualified duty common law absolute duty deemed railroad point fact use cars comply standard violates plain prohibitions law arises violation liability make compensation one injured urged harsh construction reply true construction harshness concern courts responsibility justice wisdom legislation duty except enforce law written unless clearly beyond constitutional power lawmaking body quite conceivable congress contemplating inevitable hardship injuries hoping diminish economic loss community resulting deem wise impose burdens upon measurably control causes instead upon main helpess regard policy intelligible say least unreasonable require us doubt intended seek unnatural interpretation common words see error part case present term asked case arising safety appliance act reconsider question decided taylor case declined saying opinion handed view facts unwilling regard question meaning scope safety appliance act far relates automatic couplers trains moving interstate traffic open discussion wrong taylor case way open amendment statute congress may discretion deem proper disturb widely accepted acted upon courts decided case contrary course cause infinite uncertainty mischief administration law federal courts avoid misapprehension appropriate say understood questioning soundness interpretation heretofore placed upon safety appliance act mean say congress amendment statute changes rule announced taylor case adhere apply rule chicago ed sup counsel present case insisted upon reversal former rulings asked interpretation trust act allow reasonable restraints interstate commerce deference establish practice submit said question according practice open discussion long ago deliberately held act interpreting words ordinary acceptation prohibits restraints interstate commerce combinations whatever form whether reasonable unreasonable question relates matters public policy reference commerce among foreign nations congress alone deal subject encroach upon authority congress guise construction assume determine matter public policy parties must go congress obtain amendment act think wrong former decisions judicially legislate since function declare law belongs legislative department make law course sure offended reason brethren wisdom deemed best pursue different course said condemn former decisions object legislative prohibitions contracts combinations trusts restraint interstate commerce may restrain commerce provided reasonable take care restraint undue disposition case consideration according views defendants claimed quiet give rest business country contrary strong conviction throw business country confusion invite harassing litigation injurious effects felt many years come congress prohibited every contract combination monopoly restraint commerce prescribed simple definite rule understand easily plied everyone wishing obey law conduct business violation law feared cases without number constantly recurring solve particular contract combination trust involved case restraint trade congress effect said restraint trade form solemnly adjudged many years ago congress meant thus said clear explicit words add words act condemn action congress effect informed courts allow restraint interstate commerce shown unreasonable undue remains refer fully heretofore done another judgment look future important aspect case aspect concerns usurpation judicial branch government functions legislative department illustrious men laid foundations institutions deemed part national constitution consequence essential permanency form government provisions distributed powers government among three separate equal departments executive judicial time new feature governmental regulation among nations earth deemed people every section country vital workings representative republic whose constitution ordained established order accomplish objects stated preamble means means provided either expressly necessary implication instrument department government constitutionally exercise powers committed strictly another separate department said outset action case might well alarm thoughtful men revered constitution meant many things intimated said opinion regarded otherwise sanctioning invasion judiciary constitutional domain congress attempt interpretation soften modify regard harsh public policy let repeat solemnly adjudged many years ago except legislation read words act put congress inserted gives meaning words act passed properly interpreted justify decided thus change public policy formulated declared congress congress paramount authority regulate interstate commerce alone change policy inaugurated legislation courts nothing wisdom policy act congress duty ascertain congress statute embodying expression constitutional courts must respect function declare public policy amend legislative enactments termed policy government reference particular legislation said generally uncertain thing upon sorts opinions variant may formed different persons ground much unstable upon rest judgment interpretation statutes hadden collector hadden barney wall ed nevertheless misapprehend opinion read act congress words found thereby done adjudged done without violating constitution namely interpretation statute changed public policy declared legislative department many years public service national capital somewhat close observation conduct public affairs impelled say abroad land harmful tendency bring amending constitutions legislative enactments means alone judicial construction public policy declared legislative department respect interstate commerce congress entire control constitution concerned must patiently submit lawfully done people source national time upon reflection legislative department government require change policy say part one liberty conduct commerce among without subject governmental authority liberty regulated law liberty regulated law desired law land binding alike upon upon presidents congresses courts people congress congress alone authority regulate interstate commerce congress forbids restraint commerce form must obey mandate overreach action congress merely judicial construction indirection blow integrity governmental system end prove dangerous justice bradley wisely said bench illegitimate unconstitutional practices get first footing silent approaches slight deviations legal modes legal procedure boyd ed sup shall well heed warnings great jurist stop discuss merits policy embodied act often adjudged courts constitutional system rightful concern wisdom policy legislation enacted branch government alone make laws reasons stated concurring general affirmance decree circuit dissent part judgment directs modification decree circuit well parts opinion effect assert authority insert words antitrust act congress put inserted congress made declare part public policy country chosen declare footnotes stockholders members following corporations limited partnerships wit acme oil company new york acme oil company pennsylvania atlantic refining company philadelphia bush company limited camden consolidated oil company elizabethport acid works imperial refining company limited charles pratt company paine ablett company standard oil company ohio standard oil company pittsburg smith ferry oil transportation company solar oil company limited stone fleming manufacturing company limited also stockholders members corporations limited partnerships may hereafter join agreement request trustees herein provided following individuals wit andrews john archbold lide arter bostwick benjamin brewster bushnell thomas bushnell camden henry davis flagler flagler john huntington hutchins charles heye jennings charles lockhart mcgregor william macy william macy estate josiah macy william macy executor payne pouch john rockefeller william rockefeller henry rogers thompson vandergrift william wardell warden joseph warden warden frew company louise wheaton hanna george chapin harkness harkness trustee harkness payne trustee charles pratt horace pratt pratt julia york george vilas keith trustees george chester also individuals may hereafter join agreement request trustees herein provided portion stockholders members following corporations limited partnerships wit american lubricating oil company baltimore oil company beacon oil company bush denslow manufacturing company central refining company pittsburg chesebrough manufacturing company chess carley company consolidated tank line company inland oil company keystone refining company maverick oil company national transit company portland kerosene oil company producers consolidated land petroleum company signal oil works limited thompson bedford company limited devoe manufacturing company eclipse lubricating oil company limited empire refining company limited franklin pipe company limited galena oil works limited galena farm oil company limited germania mining company vacuum oil company van tine company limited oil company also stockholders members thereof corporations limited partnerships may hereafter join agreement request trustees herein provided list corporations stocks wholly partially held trustees standard oil trust capital trust stock ownership new york state acme oil company manufacturers petroleum products entire atlas refining company manufacturers petroleum products american wick manufacturing company manufacturers lamp wicks bush denslow manufacturing company manufacturers petroleum products per cent chesebrough manufacturing company manufacturers petroleum central refining company limited manufacturers petroleum products per devoe manufacturing company packers manufacturers petroleum entire empire refining company limited manufacturers petroleum products per cent counsel appellants says corporate defendants named decree judgment applies four appealed wit corsicana refining company manhattan oil company security oil company pierce oil company one standard oil company iowa liquidated longer exists dismissed defendants sixteen natural gas companies ten companies liquidated ceased exist filing petition dismissed defendants seven number florence oil refining company oil company tidewater oil company tide water pipe company platt washburn refining company franklin pipe company pennsylvania oil company purdy beach priv pp et chapter trusts monopolies cooke trade labor combinations appx ii pp eng enc law ed article trusts pp et seq swearingen ed sup wong kim ark ed sup keck ed sup kepner ed sup ann cas section defendants john rockefeller william rockefeller henry rogers henry flagler john archbold oliver payne charles pratt hereafter called seven individual defendants standard oil company defendants form effectuate combination since formation still engaged carrying effect continuing defendants oil company limited atlantic refining company buckeye pipe line company company chesebrough manufacturing company consolidated cumberland pipe line company colonial oil company continental oil company crescent pipe line company henry folger calvin payne copartnership business firm name style corsicana refining company eureka pipe line company galena signal oil company indiana pipe line company manhattan oil company national transit company new york transit company northern pipe line company ohio oil company prairie oil gas company security oil company solar refining company southern pipe line company south penn oil company southwest pennsylvania pipe lines company standard oil company california standard oil company indiana standard oil company iowa standard oil company kansas standard oil company kentucky standard oil company nebraska standard oil company new york standard oil company ohio swan finch company union tank line company vacuum oil company washington oil company oil company entered become parties combination either actively operating aiding operation means combination defendants named section combined conspired monopolize monopolized continuing monopolize substantial part commerce among territories foreign nations violation act section formation execution combination conspiracy standard company issued stock amount exchange stocks corporations holds owns controls capital stock many corporations majority stock controlling interests corporations stock corporations follows total owned name company capital standard oil stock company oil company limited atlantic refining company company buckeye pipe line company chesebrough manufacturing company consolidated