Felix Frankfurter

“ Dealers at the primary markets complained against this differentiation. The Commission again canvassed the perplexing factors of the tangled problem before it. After pointing out that at the earlier stages of the grain rate inquiry 'especially the markets' had supported the system of 'rate-breaks at market points and overhead rates with transit at local points', the Commission observed: 'No extensive rate structure can be made perfect nor can any rate structure be made permanent in any real sense in a changing world. ”

“ What we have said sufficiently disposes of the suggestion that the orders of the Commission must be stricken down because they wipe out natural competitive advantages of the primary markets. A rate structure found to involve serious discriminations among shippers, carriers, and transit points alike, is hardly a manifestation of nature beyond the Commission's power to repair. ”

“ The through rates were applicable only on 'reasonably direct', not 'markedly circuitous,' routes, and outbound shipments from the transit point were usually limited to the rails of either the inbound carrier or a carrier participating with it in a joint rate via the transit point. ”

“ This privilege was available in the primary markets under two different rate schemes: (1) the 'overhead through rate' and (2) the 'rate-break combination'.
(1) An overhead through rate is the rate from an originating point to the final destination, or to a gateway like Chicago, via a particular point. Thus, on a shipment of grain from Enid, Oklahoma, to Chicago via Kansas City, the overhead through rate was 38.5 cents per hundred pounds. ”

“ Nothing but experience can demonstrate what the effect will be regarding certain of these issues. * * * All parties should cooperate to make careful note of the effect upon their interests, with the view to bringing to our attention from time to time, after a reasonable trial, those situations which may require further consideration.' 164 I.C.C. 619, 698. ”