Oliver Wendell Holmes, Jr.

“ We deem it sufficient to refer to those that were mentioned by the district court: a classification which, if it does not confine itself to the American Sugar Refinery, at least is arbitrary beyond possible justice, and a creation of presumptions and special powers against it that can have no foundation except the intent to destroy. As to the classification, if a powerful rival of the plaintiff should do no refining within the state, it might systematically pay a less price for sugar in Louisiana than it paid elsewhere with none of the consequences attached to doing so in the plaintiff's case. ”

“ By § 8, if shown by affidavit or otherwise, either in limine or after trial, that any refinery has been closed or kept idle for more than one year, it shall be presumed to have been done for the purpose of violating this act or the laws against monopoly, etc., and if the counter evidence does not rebut the presumption, the court shall order the owner to sell the refinery within six months, and, if that is not done, shall appoint a receiver to do it within twelve months. In computing the year of idleness any plant shall be treated as idle that has not been operating bona fide. ”

“ Formerly a large part of the sugar manufactured in Louisiana by the plaintiff was sold in the Middle West and in Minnesota, Iowa, the Dakotas, etc., and it was to meet that market that the Chalmette refinery was built. But the great and rapid increase in the production of beet sugar, which now forms one sixth of all the sugar consumed in the United States and is sold at prices below those of cane sugar, has driven the plaintiff out of those markets to a great extent. ”