William O. Douglas

“ In fact the failure of the shipper witnesses to initiate in the last 31 years a determined campaign to persuade the defendants of the necessity of establishing through routes between points on the complainants' lines in California and points on the defendants' lines in the Northwest, is at least some indication of the adequacy of the existing routes. The expression 'in the public interest' means more than a mere desire on the part of shippers for something that would merely be convenient or desirable for them. ”

“ Here there has been no 'holding out' by the participating carriers (either consensually or as a result of any Commission action) that offers this interior segment of this multi-carrier route to become a part of any 'through route.' If we are to allow § 1 (4) and §§ 3 (4) and 15 (3) to exist in harmony, we must adhere to that requirement, restricting 'connecting line' to those lines that have a direct physical connection with the allegedly discriminating carrier. ”

“ In addition to the conditions set forth in § 15 (3) the Commission's power to compel the establishment of through routes is limited by § 15 (4) , which prevents the Commission from establishing any through route requiring a carrier to 'short haul' itself except where particular circumstances (enumerated in § 15 (4) ) are found to exist. ”