Federal Anti-Trust Decisions. Cases Decided in the United States Courts Arising Under, Involving, Or Growing Out of the Enforcement of the Antitrust Act of July 2, 1890 (26 Stat., 209) Including a Few Somewhat Similar Decisions Not Based Upon That Act, 18

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v. Fox, 94 U. S. 315 ; V. S. V. Waddell, 112 U. S. 76, 5 Sup. Ct. Rep. 35 ; Logan v. V. 8., 144: U. S. 263, 12 Sup. Ct. Rep. 617.
In order to save the act in question, we must then read " conspira- cies in restraint of trade," etc., as if written, " conspiracies to restrain trade," etc., making an essential element of the crime an intention on the part of the criminal to restrain interstate commerce. It is evident that such was the intention of congress. Section 2 of the act reads, " conspiracy
... to monopolize," showing that an intention to monopolize is an element of the crime. It is not probable that congress intended to give a wider scope to section 1. The natural expression would be " conspiracy to restrain." The fact that congress has departed from this natural form of words, and has used the term", " conspiracy iu restraint of trade," etc., is accounted for by the reasoning of the first part of this brief, namely, that the words, " in restraint of trade," were used because of their well-known technical meaning.

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