Recent Interpretation of the Sherman Act

Authors

George W. Wichersham

Abstract

The only legitimate end and object of all government is the greatest good of the greatest number of the people. The means by which this end is attained vary in accordance with the experience and the temperament of the people. Government is necessarily more or less of an experiment at all times, but as men have been making similar experiments ever since the dawn of recorded history, the waste of repeating unsuccessful experiments of the past may be avoided by studying the records of the results of earlier effort; and, other things being equal, all thoughtful persons will agree, that the probabilities of success will be greater if action be taken along lines which in the past, under similar conditions, have been attended with resulting benefit to the common weal. All history demonstrates the fact that the greatest prosperity to the state has resulted from allowing to individual effort in trade and commerce the utmost freedom consistent with the protection of society at large. Yet the experience of the remote as well as of the recent past demonstrates the necessity of some governmental regulation of private enterprise, in order that the fruits of industry may not be entirely garnered into a few hands, and that the freedom of individual effort may not be unduly restrained.

Recommended Citation

George W. Wichersham, Recent Interpretation of the Sherman Act, 10 Mich. L. Rev. 1 (1911).
Available at: https://repository.law.umich.edu/mlr/vol10/iss1/2