United States of America, Petitioner, V. Standard Oil Company of New Jersey Et Al., Defendants. Defendants' Brief On the Law
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—101— Partnerships and Corporations. The act does not, as we have seen, prohibit partnerships or corporations or trusts from engaging in interstate trade; indeed, it impliedly recognizes and approves of such activity ; and the thing which it prohibits is the individual person or the corporation or the combination from seeking by unlawful means and for maleficient purposes, the control of interstate trade. Percentage of Trade Successful Merchant Grains. The Sherman Act in no one of its sections ...attempts to limit the percentage or quantity of trade which any person or partnership or corporation or trust may gain and carry on. It would be foreign to the fundamental principles of our Govermnent to restrict the liberty, the ingenuity, the perseverance, the skill and labor of any one or more of its citizens. Each man may lawfully, under state laws which are beyond the control of Congress, form a partnership, and now generally, under broad statutes form corporations for the purpose of doing any lawful thing by lawful means.
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