Page:Earle, Does Price Fixing Destroy Liberty, 1920, 134.jpg

134 maintained heretofore, has ceased to have any purpose or effect, and that many other Supreme Court decisions are likewise overruled. And this is particularly true from Judge Hazel's conclusion that if any things can properly be defined as "necessaries," in which of course the public has an interest, "the Lever Act does not deprive any one of his property without due process of law, it merely limiting the rate of charge for dealing in or with any necessaries." "For the foregoing reasons," he says, "I am of the opinion that this Court ought not to declare unconstitutional the provision to which exception is taken by the defendant." In other words, the decision in the case, if it be correctly understood, would lead to the conclusion that the Judges have been continually in error, at least from the time of Lord Chief Justice Coke, who it will be remembered said, "for what is the land but the profits thereof," to the case of Cleveland vs. Backus