Louis Brandeis

“ The grant of a lower rate on road material to a government, engaged in highway construction, may benefit the government without subjecting to prejudice any person, locality of class of traffic. But a lower rate may result in giving to a single quarry within the state all of the governmental business, so that competing quarries and localities within or without the state, or interstate traffic, would be prejudiced. That such undue discrimination does, and will, result from the order of the Tennessee Commission was expressly found by the Interstate Commerce Commission. ”

“ Every rate which gives preference or advantage to certain persons, commodities, localities or traffic is discriminatory; for such preference prevents absolute equality of treatment among all shippers or all travelers. But discrimination is not necessarily unlawful. ”

“ Whether this section should be construed as denying to the Interstate Commerce Commission power to prohibit such reduced rates, even where they result in unjust discrimination or in undue prejudice to interstate commerce is the main question for decision.
On July 29, 1920, the Interstate Commerce Commission authorized a general increase, throughout Southern territory, of 25 per cent. in interstate freight rates. Ex parte 74, Increased Rates, 1920, 58 Interst. Com. Com'n R. 220. ”