In 1898, in Hopkins v. United States, the Court softened its approach, and explained in dictum that some restraints which would be lawful at common law, such as the formation of a corporation of partnership, would fall outside of "every". See Hopkins v. United States, 171 U.S. 578 (1898), and United States v. Joint Traffic Association, 171 U.S. 505 (1898). Thus, the domain of discourse shifted from what "every" meant to what "restraint of trade" meant.