United States of America Petitioner V Standard Oil Company of New Jersey Et a

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"Monopoly and engrossing differ only in this : That the first is by patent from the King and the other by act of the subject between party and party; but are both equally injurious to the trade and the freedom of the subject; therefore are equally restrained by the com- mon law. " See Judge Fields' Opinion, Slaughter House Cases, 16th Wallace, 101.
In the Butchers' Union Case, 111 U. S. , 755, Mr. Jus- tice Field said: "A monopoly is defined ^to be an institution or al- lowance from the soverei
...gn body of the state by grant, commission or otherwise to any person or corporation for the sole buying, selling, making, working or using of anything whereby any person or persons, bodies, po- litic or corporate, are sought to be restrained of any freedom or liberty they had before, or hindered in their lawful trade. ' All grants of this kind are void at com- mon law because they destroy the freedom of trade, dis- courage labor and industry, restrain persons from get- —95— ting an honest livelihood, and put it in the power of the grantees to enhance the price of commodities.

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