Page:Earle, Does Price Fixing Destroy Liberty, 1920, 044.jpg

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Trustees, and in too numerous phases of the relations of individuals. The inconveniences would be enormous! But the Supreme Court has said, in the Knowlton case,[1] "That where a particular construction of a statute will occasion great inconvenience or produce inequality and injustice, that view is to be avoided if another and more reasonable interpretation is present."

If the decisions of the Supreme Court are to be regarded, no such result can follow, for "in cases admitting of doubt, the intention of the lawmaker is to be sought in the entire context of the selection—statute, or series of statutes in pari materia," as decided in the Atkins case.[2] "It is elementary when the constitutionality of a statute is assailed, if the statute be reasonably susceptible of two interpretations, by one of which it would be unconstitutional and by the other valid, it is our plain duty to adopt that construction which will save the statute from constitutional infirmity. * * * The rule plainly must mean that where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is to adopt the latter," as held in the Delaware case.[3] Again, in the Washington case:[4] "Repeals by implication are not favored and usually occur only in cases of such irreconcilable conflict between an earlier and later statute that effect cannot reasonably be given to both." "Whenever a departure from common law rules and definitions is


  1. Knowlton et al. vs. Moore, 178 U. S. 41. 1900.
  2. Atkins vs. The Fiber Disintegrating Company, 18 Wall. 272. 1874.
  3. United States vs. Delaware & Hudson Company, 213 U. S. 366, 1909.
  4. Washington vs. Miller, 235 U. S. 422. 1914.