Page:Earle, Does Price Fixing Destroy Liberty, 1920, 025.jpg

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GENERAL CONSIDERATIONS
25

ence, all economic thought, shows that they not only could not do so with any degree of certainty, much less beyond any reasonable doubt; and this at probably the most difficult time in the whole history of the world. What man, when inflation and war have driven prices 400 per cent. above normal, can predict beyond reasonable doubt, when and how prices will recede below normal, although all know that this terrible decline and consequent risk are inevitable?

No more complete demonstration of the impossibility of the average human mind solving such uncertainties can be found than in the results of these efforts of the Courts, made necessary because of the monopolistic nature of this class of enterprise. As has been pointed out by the Supreme Court, the ablest specialists have consequently been employed in this work. In considering these problems, first the Legislatures act, taking all the time necessary to reach just conclusions, then there is called into service to do the best, either an able master, selected by the Court, or a commission of trained experts, again taking all the time requisite, weeks, months or years; and, in turn, there is an appeal to a court of justice, and from its consideration it passes through Courts, until finally determined by the ablest and highest judicial body in the world. It, in turn, has had to introduce the new practice of offering opportunity of additional tests; although the cases have been fully heard. Finally, with all this the Supreme Court had to predict the disaster that has come, were it not to receive still further and better assistance. And all these high experts were dealing with the easiest possible cases of price fixing; all of them had all the resources of the Government at their service, and, as has been said, none of them had to act hourly, with no time for de-