Page:American Journal of Sociology Volume 1.djvu/679

Rh policy changed between the reigns of Henry V and Victoria, we shall see how, within the present half century, the doctrine of greater or greatest freedom in trade has grown and developed in the hands of the judges. In a leading case, more than twenty years ago, that consummate master of modern equity jurisprudence, Sir George Jessel, M. R., said:

This language is adopted and approved in a later case by Lord Justice Fry, and has been frequently quoted with approval, both in English and American cases relating to contracts in restraint of trade. Thus it is paraphrased in a recent Minnesota case as follows:

In 1894, in the House of Lords, the last remnant of the old rule which attempted to distinguish between partial and general restraints of trade, was swept way. Lord Herschell in delivering his opinion, in the case, said: