Page:Earle, Does Price Fixing Destroy Liberty, 1920, 076.jpg

76 the controlling factors of "insurance," "business risk" and "replacement"; nor how these are affected by our greatly depreciated money and our enormous and fluctuating burdens of taxation. None has observed that under some of the indictments, what is really being attempted, is to force merchants to exchange, perhaps, two pounds of their stock for one pound, under a threat of ruin and jail, for failing to assume the risks of doing so.

In these cases there is next met the "official war" argument. And see its results! In the only decision under the Act in a Circuit Court of Appeals, as able a Circuit Judge as sits frankly says: "If we were in a state of 'official' peace, this statute would, in my judgment, be unconstitutional under International Harvester Co. vs. Kentucky, 234 United States 216; the condemnation there express espacially page 223, is applicable here word for word. * * *  But the statute is begotten by war."

But how can even a real war, much less a mere "official" war, repeal the Constitution, turn to ashes the decisions of the Supreme Court, itself, as to what is unconstitutional? That is nowhere explained.

Has not the Supreme Court gloriously laid down a never-questioned doctrine: * * *  "the principles of constitutional liberty would be in peril, unless established, by irrepealable law?  * * *  The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.  No doctrine involving more pernicious consequences, was ever invented by the art