Evening star., 1915-01-05

CURED in by the entire court.
The case was brought by John Thil-
man Hendrick of this city, who was
tried before a justice of the peace of
Prince Georges county. Maryland, on
charge of violating the motor vehicle
law of that state. He was found guilty
and fined whereupon an appeal was
taken to the circuit court, the highest
in the state having jurisdiction. and
subsequently appealed to the Supreme
Court of the United States.
Attack on the Statute.
The constitutional objections to the
Maryland law were that it was alleged
to be an unlawful attempt on the part of
the state to regulate interstate commerce !;
that it interfered with the constitutional
right of entry into, passage through and
egress from the various states, and,
finally, that it was an unlawful dis
elimination against the District, be-
cause, while the District motorists were
forced to take out Maryland tags to pass
through Maryland, the motorists of other
states were not compelled to do SO, al
though enjoying the privilege of passing
through that state
Mr.. Justice McReynolds, in the decision
of the court affirming the decree of the
lower court, said
Opinion Of the Court.
"If the statute is otherwise valid, the
alleged discrimination against resi-
dents of the District of Columbia is not
adequate ground for US now to declare
1T altogether bad. At most they are
entitled to equality of treatment, and
in the absence of some definite and
authoritative ruling by the courts of
the state We will not assume that upon
a proper showing this will be denied.
'"The record fails to disclose that
Hendrick had complied with the laws
in force within the District of Column
bia in respect of registering motor
vehicles and licensing operators, or
that he applied to the Maryland COM
marker-prerequisite to a limited use
of the highways without cost by resi-
dents of other states. He cannot there
fore set up claim of discrimination
ina this particular.
"Only those whose rights are directly
affected can properly question the con-
stitutionality of a state statute and in
woke our jurisdiction in respect there
"The movement of motor vehicles
over the highways is attended by con-
slant and serious dangers to the pub
lie, and Is also abnormally destructive
to the ways themselves. Their SUCCESS
depends on good roads, the construc-
ceedingly expensive; and in recent
years insistent demands have been
made upon the states for better facil-
tiles, especially by the ever-increasing
hicles. AS is well known. in order to
meet this demand and accommodate
the growing traffic, the state of Mary
land has built and is maintaining a
system of improved roadways.
Compensation for Roads.
Primarily for the enforcement of
good order and the protection of those
within it's own jurisdiction the state
put into effect the ove-described gen
eral regulations, including require
ments for registration and licenses. A
further evident purpose was to secure
some compensation for the use of IA
cilities provided at great cost from the
class for whose needs they are essen
tial and whose operations over them
are peculiarly injurious.
"In the absence of national legisla-
tion covering the subject a. state may
rightfully prescribe uniform regula-
tions necessary for public safety and
order in respect to the operation upon
it's highways of all motor vehicles
those moving in interstate commerce
as we'll as others. And to this end it
may require the registration of such
vehicles and the licensing of their
drivers. charging therefor reasonable
fees graduated according to the horse
power of the engines practical
measure of size, speed and difficulty of
control
This is but an exercise of the police
power uniformly recognized as belong
ing to the states and essential to the
preservation of the health, safety and
comfort of tFSir citizens; and it does
not constitute a direct and material
burden on interstate commerce. The
reasonablenesS of the states action
is always subject to inquiry in so far
as it affects interstate commerce, and
in that regard IL is likewise subordi-
nate to the will of Congress.
Appear Within Reason.
The prescribed regulations upon
their face do not appear to be either
unnecessary or unreasonable
I'm view of the many decisions of
this court there can be no serious doubt
that where a state at it's own expense
furnishes special facilities for the. use
of those engaged in commerce, inter-
state as we'll as domestic, it may ex-
act compensation therefor. The amount
of the charges and the method of COL
lection are primarily for determination
by the state itself; and SO long as they
are reasonable and are fixed according
to some uniform, fair and practical
standard they constitute no burden on
Interstate commerce.
The action of the state must be