Page:Earle, Does Price Fixing Destroy Liberty, 1920, 177.jpg

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FINAL SUMMARY
177

acting subsequently can constitutionally fix "value," nor be criminally punished for failure to satisfactorily perform forced attempts beyond the power of human minds. It can be clearly seen why the doctrine of "free competition" has always been so safeguarded, for, without it, men can never properly ascertain their constitutional rights as to their property and Liberty. It must also be understood why the Supreme Court has always insisted upon the right of both those desiring to sell and those wishing to purchase, to fix freely and in their own untrammeled discretion both what the one is willing to take and the other is willing to give, for, without this right, "free competition" cannot exist, nor a correct ascertainment of "value" be found.

All this, perhaps, may be but an instance of the adage that "Truth lies at the bottom of the well." But, nevertheless, this is the truth, and truth ascertained and declared by the Supreme Court itself. And for the purposes of interpretation, ascertained before the passage of the Lever Act, and, therefore, definitely determining the terms therein involved. It cannot be believed that these provisions will ever be departed from, much less that even, if so, men will be punished for having loyally followed and been guided by them whilst they remained in full and self-vindicating determination. If any one questions all or any of this, he is earnestly requested to show a single decision of the Supreme Court that in anywise does or has ever departed from it.

It, therefore, is not correct to say that arbitrary price fixing leads to slavery or Communism—for it is established slavery and Communism! No matter how popular such offenses against Liberty may occasionally be in times of stress, they always are, of necessity, a creation of unjust privilege of some classes against others, for they never have been, or can be, of equal