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MR. ASPER: I must ask this question, based
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on your reference to Article 41. The Maryland Court of
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Appeals has held repeatedly that Article Al does not
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apply to monopolies, it only applies to monopolies
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granted by the State, and it has been there since 1776,
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and it reflects the old statute of monopolies in England
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of 300 years before. Are you suggesting that perhaps
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what we need in the Declaration of Rights is a stronger
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provision or different kind of provision, providing a
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statement against private monopolies?
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MR. BURGESS: If you read the three books,
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Osgood's .History of the Colonies, I think you will get
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some of the reason why this grew out and came out in
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1776, and I will admit it has been about twenty years
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since I read those three volumes, but monopolies were
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nothing new to the British people and certainly were
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nothing new to the American people. As a matter of
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fact, the colonies were even throttled through monopolies
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that were set up in England. All of the trading com-
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panies were monopolies chartered by the English govern-
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ment and they controlled in the early days the lives of
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