CONSTITUTIONAL LAW - INTERSTATE COMMERCE - STATE REGULATION OF MOTOR CARRIERS - HIGHWAY CONSERVATION

Authors

Paul G. Kauper, University of Michigan Law School

Abstract

In conformity with the Texas statute regulating contract carriers, the plaintiffs applied for permits to operate as contract carriers in interstate commerce. The Texas Railroad Commission denied the application on the grounds that the proposed use of the highways would unreasonably interfere with their use by the general public and would constitute an undue burden on said highways. Held, by a three-judge court, that the Commission was acting within its authority in refusing the application on these grounds, that such refusal was valid as to interstate motor carriers, and that evidence supported the Commission's findings, consequently the bill to enjoin the Commission from interfering with the plaintiffs' operations should be dismissed. Wald Storage & Transfer Co. v. Smith, (D. C. S. D. Tex. 1933) 4 F. Supp. 61.

Recommended Citation

Paul G. Kauper, CONSTITUTIONAL LAW - INTERSTATE COMMERCE - STATE REGULATION OF MOTOR CARRIERS - HIGHWAY CONSERVATION, 32 Mich. L. Rev. 267 (1933).
Available at: https://repository.law.umich.edu/mlr/vol32/iss2/14