If there had been invasion of liberty, proof of intention to restrain national trade, the control of discretion as to a business not completely owned, unified or merged, the deprivation of the public of a great utility for supplying a necessary food; a purpose to profit by non use, by stifling competition, instead of through production, acts prohibited by the States of creation or residence as in violation of their public policy as well as tending to a diminution of National trade—what then? The later cases fully answer. There would have been "tendency," direct restraint, illegality! And, if the method of approach now adopted (and it has the Supreme Court's sanction) be correct, that is what the Knight case decides!
It is the present purpose to demonstrate this. There has been a tendency to criticise the findings of the Knight case, especially that relating to intention or tendency—the sequel has unquestionably justified Mr. Justice Harlan's fears in that respect. But it is not fair to judge any case by conditions of trade arising or acts committed after the decision has been rendered. For the present purposes, it may not be important whether the inferences of fact were correct or not, but it well illustrates the law to consider them. Indeed, were they not the inferences universally drawn before the trusts had debauched trade to accomplish crime? Why was a man permitted to covenant that he would protect a good-will that he had sold? Simply because every one, for centuries, had considered that the best way of insuring that the business would go on; would maintain, or increase trade. No one had thought that a man would invest capital in a business that he might
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