board trade city chicago argued decided march henry robbins chicago appellants carroll todd asst atty justice brandeis delivered opinion chicago leading grain market world board trade commercial center trading grain done character organization described board trade christie grain stock sup members include brokers commission merchants dealers millers maltsters manufacturers corn products proprietors elevators grains dealt graded according kind quality sold usually weight inspection delivery standard forms trading spot sales sales grain already chicago railroad cars elevators immediate delivery order carrier transfer warehouse receipt future sales agreements delivery later current future month sales arrive agreements deliver arrival grain already transit chicago shipped within time specified every business day sessions board held bids sales publicly made spot sales future sales made regular sessions board except saturdays session closes special sessions termed held immediately close regular session sales arrive made sessions limited duration last usually half hour sessions transactions members may trade either behalf others members may also trade privately one another place either sessions may trade nonmembers time except premises occupied board purchases grain arrive made argely country dealers farmers throughout whole territory tributary chicago includes besides illinois iowa indiana ohio wisconsin minnesota missouri kansas nebraska even south north dakota purchases sometimes result bids individual country dealers made telegraph telephone either sessions chases made sending chicago afternoon mails hundreds country dealers offers buy prices named number carloads subject acceptance next business day board adopted known rule members prohibited purchasing offering purchase period close call opening session next business day wheat corn oats rye arrive price closing bid call call rare exceptions change effected adoption rule members fixed bids throughout day prices respectively saw fit adoption rule bids fixed day closing bid call opening next session filed district northern district illinois suit board executive officers directors enjoin enforcement call rule alleging violation law july stat defendants admitted adoption enforcement call rule averred purpose prevent competition control prices promote convenience members restricting hours business break monopoly branch grain trade acquired four five warehousemen chicago motion government allegations concerning purpose establishing regulation stricken record case heard upon evidence decree entered declared defendants became parties combination conspiracy restrain interstate foreign trade commerce adopting acting upon enforcing rule enjoined ing upon adopting acting upon similar rule opinion delivered district judge government proved existence rule described application change business practice involved made attempt show rule designed effect limiting amount grain shipped chicago retarding accelerating shipment raising depressing prices discriminating part public resulted hardship one case rested upon bald proposition rule agreement men occupying positions strength branch trade fixed prices buy sell important part business day illegal restraint trade law legality agreement regulation determined simple test whether restrains competition every agreement concerning trade every regulation trade restrains bind restrain essence true test legality whether restraint imposed merely regulates perhaps thereby promotes competition whether may suppress even destroy competition determine question must ordinarily consider facts peculiar business restraint applied condition restraint imposed nature restraint effect actual probable history restraint evil believed exist reason adopting particular remedy purpose end sought att ined relevant facts good intention save otherwise objectionable regulation reverse knowledge intent may help interpret facts predict consequences district erred therefore striking answer allegations concerning history purpose call rule later excluding evidence subject evidence admitted makes clear rule reasonable regulation business consistent provisions law first nature rule restriction upon period required members desist close call next business day restriction upon sending bids close call thus required members desired buy grain arrive make minds close call much willing pay interval next session board rule made interest attend call fill wants purchases make final bid high enough enable purchase country dealers second scope rule restricted operation grain arrive applies small part grain shipped day day chicago even smaller part day sales members left free purchase grain already chicago one price throughout day applies small part business day members left free purchase sessions board grain arrive price members anywhere nonmembers anywhere except premises board applied grain shipped chicago members left free purchase price throughout day either members grain arrive market country dealers farmers available practically every part territory called tributary chicago market grain arrive thus missouri kansas braska parts illinois also tributary louis nebraska iowa omaha minnesota iowa south north dakota minneapolis duluth wisconsin parts iowa illinois milwaukee ohio indiana parts illinois cincinnati indiana parts illinois louisville third effects rule applies small part grain shipped chicago part business day apply grain shipped markets rule appreciable effect general market prices materially affect total volume grain coming chicago within narrow limits operation rule helped improve market conditions thus created public market grain arrive adoption bids made privately men buy sell without adequate knowledge actual market conditions disadvantageous concerned particularly country dealers farmers brought regular market hours board sessions trading grain arrive brought buyers sellers direct relations call gathered together free open interchange bids offers distributed business grain arrive among far larger number chicago receivers commission merchants case increased number country dealers engaging branch business supplied regularly bids chicago also increased number bids received competing markets eliminated risks necessarily incident private market thus enabled country dealers business smaller margin way rule made possible pay farmers without raising price consumers enabled country dealers sell grain arrive otherwise obliged either ship chicago commission merchants sell delivery enabled grain merchants chicago sell millers exporters trade smaller margin paying grain selling less make chicago market attractive shippers buyers grain incidentally facilitated trading arrive enabling engaged transactions fulfill contracts tendering grain arriving chicago railroad whereas formerly shipments made particular railroad designated buyer restraint imposed rule less severe sustained anderson sup every board trade nearly every trade organization imposes restrainst upon conduct business members relating hours business may done common make special appeal tend shorten working day least limit period exacting activity decree district reversed directions dismiss bill reversed justice mcreynolds took part consideration decision case footnotes exception future sales material