Benjamin N. Cardozo

“ A refusal to interfere with one of the terms of a proportion is very different from an approval of the proportion as a continuing condition. Restraints were not imposed upon the lines in Illinois, but equally they were not imposed upon those in Indiana. The decision was not a mandate to the carriers to preserve undisturbed an existing relation between rates; the decision was a refusal by the commission to compel an increase of the rates on one side of the relation. ”

“ In its transportation of bituminous coal the Milwaukee is in competition with lines in Illinois, Indiana, and Western Kentucky. We direct our attention first to the situation in Illinois, confining ourselves to facts that have been found by the commission. For many years there was a parity of rates between the Springfield group in Illinois and the Brazil-Clinton group in Indiana. There was also a customary differential for Illinois groups farther south than Springfield as well as for other groups in Western Kentucky. ”

“ Those affecting the Indiana groups may conveniently be stated first; those affecting groups in Illinois afterwards.
Every change of a rate schedule, either voluntary or involuntary, is a disruption protanto of the rate structure theretofore prevailing. Plainly such a disruption without more is no sufficient reason for prohibiting a change. The Indiana carriers by long continued co-operation have maintained a fixed schedule of differentials between mines in the southern group (Princeton and Booneville) and mines farther to the north. ”