Smyrna times., 1933-01-25
STATES VS.. THE
PUBLIC ROADS
Brief of Decision Handed
Down By the Supreme
Court of United States
RIGHT TO CONTROL

The OnlIeQ states concerning In(
authority Of States to regulate
uses Of public highways is sent tx
you as a matter of information:
'aThe right Of the States to reg.
ulate and control uses of the pub
lie highways was forcefully recog.
nized by the United States Su-
preme Court, December 5, 1882. II
deciding the case of Stephenson
against Binford it unqualifiedly de-
clares that the highways Of State
are public property, the primary
and preferred use of which is for
private purposes and determine
that their use for gain is extra
ordinary, and the State may, by
legislation, prohibit or condition
their use for profit as it sees fit
THE case arose in Texas where
the Legislature lately enacted a
law regulating highway carriers,
both common and contract, placing
them under supervision of the Rail
road Commission. BY this law
the Commission is required to
carefully preserve, foster and reg
lilate transportation and to relieve
the existing and all future undue
burdens on the highways by motor
carriers. in the interest of the
public. Common carriers are re-
quired to secure certificates of pub
lie convenience and necessity, and
contract carriers are required to
secure permits to operate. Per-
mits to contract carriers are not
to be issued by the Commission if
it determines that the proposed
operation will impair the efficient
public service or any authorized
common carriers then adequately
serving the same territory.
The law also declares motor car
riage for hire over the highways is
a business affected with the public
interest and for that reason re-
quires strict regulations to render
the highways safer for public use,
to reduce the wear and tear, to
minimize traffic congestion, to
eliminate discrimination in rates
and to restrict uses thereof for
transportation for hire to an extent
necessary in the public interest.
Several contract carriers for
hire attacked the validity Of the
statue, claiming among other
things that it purports to make
them common carriers and abro-
gates their right Of private con
tract. They also contend that they
were Disseminated against and
denied equal protection Of the laws.
"The Supreme Court reviews full
" the rights Of States to preserve
their highways, and emphasizes
the growing evil of unregulated
commercial uses of such highways.
1t points out the increased burden
upon highways which has followed
the substantial decrease IN freight
formerly moved by railroads and
now moved by private contract
carriers for hire over the high
ways. Significantly it says:
Certainly the removal or amel-
ioration of that burden with its re-
sulting injury to the highways, in
reference with their primary use,
danger and inconvenience is a le-
gitimate subject for the exercise
of the State Legislative power. -.
impairment of the railway freight
service in the very nature Of
things must result to some degree
in adding to the burden imposed on
highways. Conversely any diver
sion Of traffic from the highways to
the railroads must corresponding
relieve the former. and, therefore,
contribute greatly to their conserv-
alton Contracts which will re-
late to the use Of highways must
be deemed to rave been made in
contemplation Of the regulatory
authority Of the State. \ 1T be-
longs to the State as master in its
own house to prescribe the terms
upon which persons will be permit
ted to contract in respect Of the
use Of the public highways for pur-
poses Of gain
The Court adopts the view that
the Texas Legislature declared
that ali Of the available carriage
service, including carriage by rail
and road and contract carriage by
road are 50 inter-dependent that
the public may not continue to
have safe and dependable trans
portation system unless private
carriers operating on the same
roads with common carriers are
brought under just and reasonable
regulations, bringing their service
into relation with common carriers.
''The decision holding the Texas
statute to be valid will be Of un-
usual interest to every student of
tax, highway and transportation
r1rohIerns and their intarreIa fioy,