CHAPTER III.
The Constitutionality of the Act.
Some of the difficulties, indeed most of them, under this heading, disappear, if the Lever Act be interpreted as it should be; but as there has been some contention (and even judicial opinion in our United States Courts though, contradicted by many reaching the opposite conclusion) that the Act intended all the revolutionary and unconstitutional things hereinbefore discussed, it may be proper to discuss its constitutionality, as so incorrectly interpreted; and that will be taken up shortly. But, in the first place, even if the purpose of the Act looked, on the contrary, to the high end, as it is believed it did, of further safeguarding the liberty of those engaged in trade, it contains one blemish which properly should, and must nullify it, unless the Supreme Court is to depart from essentially right decisions, so often reaffirmed by it without dissent.
The Act makes it unlawful in substance[1] for any person wilfully to destroy any necessaries for the purpose of enhancing the price or restricting the supply thereof; knowingly to commit waste, of, or to hoard necessaries, to monopolize, or to engage in discriminatory, deceptive or wasteful practices or devices affecting necessaries, to conspire or combine in transporting, producing, harvesting, supplying or dealing in necessaries, to restrict the supply, or distribution thereof, to prevent, limit or lessen the manufacture or
- ↑ See Note 26, page 37, supra, for exact phraseology of Section 4 of the Act, as amended.
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