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94 least, should not be passed without attention. The trade principles under discussion certainly have recognition in the constitutional provisions as to patents, that go to the extent of even creating monopolies. Such monopolists have not only a common right of determining their prices for their products, but they have a right of action against any one who dares compete with them. This has, however, always properly been held necessary and just, because the public forever after has the benefit resulting from the energy and improvement thus incited. But in their totality such inventions are trivial in comparison with those created by the stimulus of competition and increased production, which are never patented or extensively known. Such are the inventions, improvements and devices which are developed from day to day in the course of industry and business, and are directly attributable to the vitalizing forces which unfettered competition and freedom in trade nurse into being. Such single accretions may, in themselves, be relatively insignificant, but in their totality they are enormous. To say, therefore, that these benefactors to industry and trade are not to have the benefit and reward for the short period that competition does not take it away from them, but are even to be treated as criminals for taking the reward thus justly earned, is to violate the whole spirit of the Constitution.

Again, like considerations apply to what is called "." The investigations made by Harvard University show that the variation in this respect between competitors is enormous. Of course, the obtaining of an adequate supply, which the Act looks to, is enormously aided by stimulating the profits resulting from multiplied output. If by industry, improvement and invention, a plant producing 1,000 barrels a day