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Quotation from Standard Oil Co. of New Jersey v. United States by Supreme Court of the United States
“Thus, not specifying but indubitably contemplating and requiring a standard, it follows that it was intended that the standard of reason which had been applied at the common law, and in this country, in dealing with subjects of the character embraced by the statute, was intended to be the measure used for the purpose of determining whether, in a given case, a particular act had or had not brought about the wrong against which the statute provided.”
Standard Oil Co. of New Jersey v. United States, Opinion of the Court (Chief Justice White) (excerpt) (U.S. Reports text (Wikisource))
Chief Justice White explains why the Sherman Act's undefined terms carry the common-law standard of reason.
Citation: "Thus, not specifying but indubitably contemplating and requiring a standard, it follows that it was intended that the standard of reason which had been applied at the common law, and in this country, in dealing with subjects of the character embraced by the statute, was intended to be the measure used for the purpose of determining whether, in a given case, a particular act had or had not brought about the wrong against which the statute provided." — Supreme Court of the United States, Standard Oil Co. of New Jersey v. United States, Opinion of the Court (Chief Justice White) (excerpt) (U.S. Reports text (Wikisource)). (id standard-oil-v-united-states-q1)
Portrait: Edward White, head-and-shoulders portrait, facing slightly left, 1905, Johnston, Frances Benjamin, 1864-1952, photographer., Public domain.
