n
consequence of a failure to exercise these rights--a far from
satisfactory answer, as the dissent pointed out, since one element of a
right is freedom of choice regarding its use or nonuse. Wilson _v._ New,
243 U.S. 332, 387 (1917).

[411] 48 Stat. 1283.

[412] 295 U.S. 330 (1935).

[413] Ibid. 374.

[414] Ibid. 384.

[415] 326 U.S. 446 (1946). Indeed, in a case decided in June, 1948,
Justice Rutledge, speaking for a majority of the Court, listed the Alton
case as one "foredoomed to reversal," though the formal reversal has
never taken place. _See_ Mandeville Is. Farms _v._ American C.S. Co.,
334 U.S. 219, 230 (1948).

[416] 250 U.S. 199 (1919).

[417] Ibid. 203-204.

[418] 26 Stat. 209 (1890).

[419] 156 U.S. 1 (1895).

[420] Ibid. 13.

[421] 156 U.S. 1, 13-16 (1895). "Slight reflection will show that if the
national power extends to all contracts and combinations in manufacture,
agriculture, mining, and other productive industries, whose ultimate
result may effect external commerce, comparatively little of business
operations and affairs would be left for State control."

[422] Ibid. 17. The doctrine of the case simmered down to the
proposition that commerce was transportation only; a doctrine which
Justice Harlan undertook to refute in his notable dissenting opinion:
"Interstate commerce does not, therefore, consist in transportation
simply. It includes the purchase and sale of articles that are intended
to be transported from one State to another--every species of commercial
intercourse among the States and with foreign nations." (p. 22). "Any
combination, therefore, that disturbs or unreasonably obstructs freedom
in buying and selling articles manufactured to be sold to persons in
other States or to be carried to other States--a freedom that cannot
exist if the right to buy and sell is fettered by unlawful restraints
that crush out competition--affects, not incidentally, but directly, the
people of all the States; and the remedy for such an evil is found only
in the exercise of powers confided to a government which, this court has
said, was the government of all, exercising powers delegated by all,
representing all, acting for all. McCulloch _v._ Maryland, 4 Wheat. 316,
405." (p. 33). "It is said that manufacture precedes commerce and is not
a part of it. But it is equally true that when manufacture ends, that
which has been manufactured becomes a subject of commerce; that buying
and selling suc