146 
Strong—The Legal Status of Trusts . 
vent competition, one upon which the law fixes the brand of con¬ 
demnation and which it will not permit?” In other words, in 
estimating the legal character of the agreement no considera¬ 
tion need be given to what is actually done under it, for if the 
legality of the agreement depended upon actual proof of public 
injury or whether it is made the means of raising the price of a 
commodity beyond its nominal and reasonable value, it would be 
very difficult in any case, to establish the invalidity, although 
the moral evidence might be very convincing. The court con¬ 
cluded, therefore, that “ if agreements and combinations to pre¬ 
vent competition in prices are, or may be, hurtful to trade, the 
only sure remedy is to prohibit all agreements of that character. 
The fixing of prices alone, done under such an agreement, is 
overt act enough, if any act be needed to make the combiners 
guilty under the law, even though the prices fixed be reason¬ 
able. ” 
Further, “ If a combination between independent dealers to 
prevent competition between themselves in the sale of an article 
of prime necessity is in legal contemplation, and although the 
object of the combination is merely the due protection of the 
parties to it against ruinous rivalry, and no attempt is made to 
charge undue or excessive prices, the parties to the combination 
are amenable to the law. ” 
The decision of the federal court in Dueber Watch Case Manu¬ 
facturing Co. v. Howard Watch Co. has already been noticed. 
The case was afterwards taken into the New York courts, and in 
May, 1893, the Supreme Court sustained the former company in 
its suit for damages. It was held that prices could be fixed and 
competition crushed in a legitimate business effort, but this was 
not the object of the defendants, who endeavored to ruin the 
Dueber Company when the latter refused to join the combina¬ 
tion, that is, in an asserted illegal purpose. 
The Illinois act approved June 11, 1891 (Session Laws, 1891, 
page 206), has also been sustained. The law declares that any 
corporation, partnership or individual which shall create or 
enter into any pool, trust, agreement, combination, confederacy 
or understanding to regulate or fix the price of any commodity, 
or fix or limit the amount or quantity of any article, or com- 
