124 DEEP FURROWS 



agreements so long as the public interests were not 

 thereby " unduly " impaired ; to the Judge's mind there 

 was no question that the public had not been unduly 

 affected. 



After reviewing the case the Judge held that the 

 gravamen of the whole charge hung upon the Commis- 

 sion Rule of the Exchange that one cent commission 

 per bushel should be made in handling grain; so that 

 the price paid would be the price at the terminal (Fort 

 William) less the freight and one cent per bushel 

 commission, neither more nor less. Witnesses agreed 

 that this was the lowest profit on which the business 

 could live. Fort William prices were the highest the 

 world's markets could justify. Owing to the presence 

 in the statute of the word, "unduly," therefore, the 

 Judge could not find the defendants guilty. 



(The Grain Growers were much dissatisfied with the 

 decision; for they believed that they had adduced 

 evidence to support their case and did not relish losing 

 it on a technicality. Appeal was made, therefore; but 

 the appeal court upheld the judgment of the assize 

 court. 

 Apparently, deduced the farmers, this meant that 



men COUld 



air^competitors out of business so long as they 

 ^ did jaoi^jlo it out of pure malice so long as they 

 justified it an the grounds of " personal interest ^acr 

 long as tht things they did were not " malicioini 

 restraints, unconnected with ^ny bnflinpsm rel^tlnna of 

 thejiccused !" In other words, if men merely conspired 

 to advance their own business interests they committed 

 no offence under the then existing law; to be liable to 

 punishment they must be actuated by malice. 



