Illinois, or Bradley in the Minnesota Rate Case. Then
the process of agitation immediately began. In the words of Mr. Justice
Harlan, fifteen years later: "But those who were in combinations that
were illegal did not despair. They at once set up the baseless claim
that the decision of 1896 disturbed the 'business interests of the
country,' and let it be known that they would never be content until the
rule was established that would permit interstate commerce to be
subjected to _reasonable_ restraints."[34]
Other great causes, involving the same issue, were tried, the question
was repeatedly reargued, but the Supreme Court tenaciously adhered to
its general principle, that, under the Sherman Act, _all_ restraints of
trade, or monopolies, were unlawful, and, therefore, the Court had but
two matters before it, first to define a restraint of trade or a
monopoly, second to determine whether the particular combination
complained of fell within that definition. No discretion was permitted.
Judicial duty ended there.
The Court being found to be inflexible, recourse was had to Congress,
and a bill in the form of an amendment to the Sherman Act was brought
into the Senate authorizing, in substance, those who felt unsafe under
the law, to apply to certain government officials, to be permitted to
produce evidence of the reasonable methods they employed, and, if the
evidence were satisfactory, to receive, what was tantamount to, an
indulgence.
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