Felix Frankfurter

“ No doubt the Commission is under obligation to heed what was declared to be 'the national transportation policy of the Congress,' namely, 'to provide for fair and impartial regulation of all modes of transportation subject to the provisions of this Act, so administered as to recognize and preserve the inherent advantages of each.' Surely these are not mechanical or self-defining standards. They inevitably imply the widest areas for judgment to be exercised, as the Commission has sought to exercise it, with the massive experience which must be attributed to it in this particular case. ”

“ It is, however, pertinent to add that the Court's decision may serve a useful purpose if it will lead the Interstate Commerce Commission, despite its enormous volume of business, to a more detailed and illuminating formulation of the reasons for the judgment that it reaches even in that class of cases where Congress has relied on the Commission's discretion in enforcing the most broadly expressed congressional policy. Since the orders in such cases also fall under judicial scrutiny, it is desirable to insist upon precision in the findings and the reasons for the Commission's action. ”

“ It is because I find myself regretfully in disagreement with my brethren regarding the nature and scope of the problem of judicial review in a case like this that I would affirm the judgment of the District Court. ”