Oliver Wendell Holmes, Jr.

“ But apart from the presumption that the corporation was acting only within its powers and from the burden resting on the doer of a prima facie illegal act, the boycott, to justify it, we agree with the Government that it would be absurd to suppose that a cooperative society organized for the special purpose of aiding its members should confine its business to the illegal sale of the products of non-members. ”

“ It is said that motive does not matter, but motive may be very material when it is sought to justify what until justified is a wrong. But whatever the motive nothing is shown or suggested by the evidence to justify the general boycott that the Secretary's order forbade. The Secretary's order should be enforced, but without prejudice to the right of the appellees to refuse to deal with the Producers Commission Association in matters beyond its power. ”

“ The secretary found the existence of the boycott, the persistent refusal to buy or sell live stock from or to the Producers Commission Association, and that the American Livestock Association and its fellow conspirators thereby restrained commerce and discriminated unfairly against the Producers Commission Association contrary to the statute. The appellees urge that there is nothing to prevent their dealing or refusing to deal with whom they choose. ”