Motor Transit Co. v. Railroad Commission

(concurring).

I concur with my associates. The re«quirement that each agent selling tickets should give a bond for $5,000 conditioned upon the faithful performance of contract of transportation as applied to interstate commerce is a direct burden upon that commerce, and therefore beyond the authority of the state. The decision of the Supreme Court in Di Santo v. Commonwealth of Pennsylvania, 273 U.S. 34 , 47 S.Ct. 267 , 71 L.Ed. 524 , is decisive upon that question. There are a number of recent cases bearing upon this general subject referred to by the parties but none which overrule or modify the decision in Di Santo v. Commonwealth of Pennsylvania, supra. See Herbring v. Lee, 280 U.S. 111 , 50 S.Ct. 49 , 74 L.Ed. 217 , 64 A.L.R. 1430 ; Hartford Accident & Indemnity Co. v. People of Illinois ex rel. McLaughlin, 298 U.S. 155 , 56 S.Ct. 685 , 80 L.Ed. -, decided April 27, 1936; Pacific Tel. & Tel. Co. v. Tax Commission, 297 U.S. 403 , 56 S.Ct. 522 , 80 L.Ed. 760 .

The complainants operate passenger stage lines in California and carry both interstate and intrastate passengers with their baggage. Complainant Pacific Greyhound Lines, Inc., alone operates across state lines.

The defendant is the state governmental body having the duly of enforcing the Motor Carrier Transportation Agent Act (St. Cal.1933, c. 390, p. 1011, as amended in 1935 [St.Cal. 1935, p. 1833]), herein claimed to be void as violative of the commerce clause (article 1, § 8, cl. 3) of the Federal Constitution. The cause was heard by a statutory three judge court (Jud.Code § 266, 28 U.S.C.A. § 380 ), and was submitted upon a stipulation that the facts stated in the bill of complaint, but not the conclusions contained therein, are true. Defendants also made, argued, and submitted a motion to dismiss.

We shall epitomize the act:

Section 1 (St.Cal.1933, p. 1012) declares that the public welfare requires the regulatory provisions of the act as they shall he applied to stages not operating under the Commission’s certificate of convenience and necessity; that such regulations shall apply to both interstate as well as intrastate business until Congress shall cover the subject…