Page:Earle, Does Price Fixing Destroy Liberty, 1920, 064.jpg

64 state aid either to boost or reduce prices by governmental action. This always results in agitations most dangerous to our institutions, and in favor of majorities, seeking their ends through unjust and arbitrary power, as by inflating the currency, or penalizing those who use their inalienable right "to pursue their own happiness," obeying the law,—that is, of course, the Constitutional Law,—in an exercise of their own free discretion. The courts have been fond of saying that they will not either make contracts for men, or assume the guardianship of competent adults. The legislative brance of government, unfortunately oft tries to thrust this task upon them.

Further, it is practically impossible to obtain absolutely impartial juries in such cases. Who has ever heard of one charged with profiteering being acquitted where the shield of the Constitution was withdrawn by the Courts from his protection? Of course, a jury might be found, of such higher timber, as to rise above all personal interest and prejudice, but it would be exceptional, for as sellers are alone indicted and as in most instances juries must be composed of buyers (whose attitude of mind is picturesquely described according to the Scriptures as, "It is naught, it is naught, saith the buyer, but when he is gone his way, then he boasteth": Proverbs, Chapter XX, Verse 14), called to pass upon the question whether they are to pay more or less for what they want and who are influenced by a strong public sentiment supporting them in endeavoring to make things cheap for everybody. Such a disposition but really insures higher prices, as has been proven again and again, however little it may be realized for the time being by the masses of men.

But "Nemo sibi esse judex vel suis jus dicere