Louis Brandeis

“ We are of opinion that it should be affirmed.
The legal question presented is not dependent upon the fact that the tariffs challenged are those of three independent railroads; nor upon the fact that the rates are different for wheat than for some other grain; nor upon the fact that the tariff of each railroad includes differing rates from numerous country points in each of the three states; nor upon the fact that some of the rates from those points are for transportation to Kansas City, and some to Wichita ”

“ Co., 139 I. C. C. 239.↑ If the then owner has directed delivery of the car to some local elevator, not on the line of the carrier which brought the grain to Kansas City, he pays the switching charge.↑ The outbound proportional as so reduced is spoken of as the transit balance. The proof that the shipper brought grain into the market entitling him to the reduction is made by presentation of what is called 'expense bills.' This substitution has by some carriers been extended to grain coming from other country points with rates equally favorable to the carrier. ”

“ Its proposed tariff was in effect a withdrawal; for, as the bill alleges, the rates were 'published, not for the purpose of facilitating movement via the routes in connection with which they were published, but were published by plaintiffs to preclude and prevent movement via such routes.' We have no occasion to consider the issue of fact whether there was in existence, when the Santa Fe filed its proposed tariff, a through route from Dodge City via the Southern from Kansas City ”

“ It may be sold en route before arrival there. While stored there, it may be resold several times. Some of it may be consumed in local flour mills. Most of that stored in local elevators will probably be shipped out. ”