Page:Earle, Does Price Fixing Destroy Liberty, 1920, 073.jpg

Rh Courts have perceived the difficulties of the situation, although they have reached diametrically opposed conclusions. A careful reading of these cases, however, shows that Mr. Justice Holmes' direction as expressed in the Harvester case to give due consideration to the political economy of the circumstances was not given equal attention. This, it is submitted, caused the varying results reached in their opinions.

All judges again express their indignation at the so-called "profiteers." Judge Faris, in the Cohen case, however, rising above it, whilst Judge Rudkin in United States vs. Spokane Co. feels the evil so great that he must aid in the supposed remedy, thinking there was no other cure than by way of government interference. The latter observes: "I will only add in conclusion, that the situation confronting Congress was a difficult one at best. To fix profits definitely and arbitrarily, without reference to place or circumstance, would prove unjust and oppressive in the extreme, for it is matter of common knowledge that what would be deemed a just and reasonable profit in one place or as to one commodity would be unjust and unreasonable in another place or as to a different commodity.  Congress was, therefore, compelled to choose between the course pursued and some other course equally difficult."  He then points out facts which simply prove nothing, if the economics of the subject be fully understood, that is,—that there was a difference of over one hundred per cent.