Louis Brandeis

“ The Commission's decision is based upon a consideration both of general conditions and of the particular situation. It finds that allowance of more than $3 a car for hauling the car from the Union Sawmill plant to Dollar Junction would result in unjust discrimination. That the finding was supported by evidence we must assume in this proceeding; and not only does plaintiff fail to show that the conclusion reached was arbitrary, but additional findings in the report afford abundant reason why the out of line haul to the scales should not be allowed for in fixing the division. ”

“ The division or allowance given to the tap line out of the joint rates was large. It was held by the Interstate Commerce Commission to amount to a rebate to the Union Sawmill Company and to discriminate unjustly against the Wisconsin Lumber Company, an independent concern also served by the tap line. [1] After proceedings before the Commission, which extended over many years, its supplemental order, entered June 10, 1919, limited the division receivable by the tap line for hauling lumber from the Union Sawmills to Dollar Junction to $3 per car. ”

“ The Louisiana & Pine Bluff Railway Company then brought this suit in the federal District Court for Western Arkansas against the United States to enjoin enforcement of the order and to annul the same. ”