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The Green Bag

control of commerce among the states or with foreign countries in any particu

of them based

upon slow precedent;

lar line of industry is secured or threat

live, is at any particular time what it

For this race, the law under which they

ened, expose those who are concerned

is then understood to be, and this under

in such efforts to the penalties prescribed in the second section of the act, because

standing of it is compounded of the cir

they are engaged in monopolizing or at tempting to monopolize such commerce.

theories of legal consequence they have never cared to follow out to their con

“It is also now settled that no form of corporate organization merger or

used as parts of the practical running

consolidation, no species of transfer of title, whether by sale, conveyance

machinery of their politics — part5 to be ﬁtted from time to time, by interpre

or mortgage; and no lapse of time from

tation, to existing opinion and 50081 condition.’ General “If thisinlaw," conclusion, declared the “designed Attomeyto

the date of the original contract, con spiracy or combination, can bar a federal court of equity from terminating

an unlawful restraint or compelling the disintegration of a monopolistic com bination." Mr. Wickersham quoted from Gov ernor Woodrow Wilson's work,

“The

cumstances

clusions.

of

the

time.

Absolute

Their laws have always been

protect the people of this country from the evils of monopoly and to preserve the liberty of the individual to trade freely, shall now be clearly understood; if its true purpose shall be recognized

and its beneﬁcent consequences realized “ ‘It is one of the distinguishing the twenty years of slowly develop‘?d

State," the following:—

characteristics of the English race, whose political habit has been trans

interpretation and widening precedent

mitted to us through the sagacious generation by whom this Government was erected, that they have never felt themselves bound by the logic of laws but only by a practical understanding

For the law will henceforth be used’

will not have been without great value to employ Dr. Wilson's language. 35 a part of the running machinery Of our political system, adapted to the needs of our social condition.”

Address of Mr. Justice Holmes to the Harvard Alumni Association [The following speech was made by Justice Oliver Wendell Holmes, of the Su preme Court of the United States, to an audience of several thousand Harvard graduates at the outdoor exercises in the college yard last Commencement Day. The address, which was received as a message from the war class of '61, made a deep and lasting impression because of its poetic sentiment and beauty of diction.—-Ed.]

MR. PRESIDENT and Brethren of the Alumni: — One of the recurring sights of Alaska,

glacier cracks and drops into the 968 The last time that I remember witness ing the periodic semi-centennial plunge

I believe, is when a section of the great

of a college class was when I heard