Page:Earle, Does Price Fixing Destroy Liberty, 1920, 007.jpg



Defense of freedom requires no apology; but, were it otherwise, ample excuse for this Essay is obvious from what we see about us.

Men are pleading guilty, paying enormous fines, in some jurisdictions, whilst, in others, it is constantly decided that identical conduct constitutes no offense.

One even sees those who, having taken great risks most helpful to trade, indignantly deny it, because of the undefined terrors of the. Every business man is constantly seeking what he may or may not lawfully do:—with no possibility of adequate answer; the freedom and courage requisite for large production, a deficiency in which prompted the Act, are being more and more discouraged. All history teaches that but few will face a possible jail term, with its accompanying discrace, whilst nearly all will encounter even death for their love of Liberty. In all England but four Knights could be found courageous enough to join with in facing the danger of refusing to pay ship-money, although they were saving the principles upon which our liberties still rest; whilst  had no difficulty in recruiting his invincible Army. Nothing is so terrorizing as the unknown; for, to real danger, are added all the fears that may be conjured by overwrought imagination.

But what is of compelling importance is that mistake in the economic law may as greatly endanger Freedom as error in ; and that an examination of the decisions so far rendered in our Federal Courts, touching the Lever Act (with the exception of those of the Supreme Court upon kindered subjects),