DECISION OF THE SUPREME COtTHf. $01 



The only issue to be made under a law properly framed would be 

 whether there was an unjust discrimination or not. If on the trial 

 of such an issue the prosecution proves a permanently established dis 

 crimination, like that disclosed by the present record, and the com 

 pany can show no other reason for it than the existence of a compet 

 ing line at the favored points, the defense must be held unsatisfactory, 

 notwithstanding witnesses may testify that they believe, as a matter 

 of theoretical opinion, that the rates to Lexington are reasonable. 

 They can not be reasonable, and the discrimination must be unjust, 

 if the lesser rates for the greater distance have been established merely 

 because the company has ceased to exercise at that point a practical 

 monopoly. 



