Charles Evans Hughes

“ Carrying capacity, the size and weight of trucks, unquestionably have a direct relation to the wear and hazards of the highways. It is for this reason that the authority of the state to impose directly reasonable limitations on the weight and size of vehicles, although applicable to interstate carriers, has been sustained. ”

“ Upon the present record, it appears that the exemption is applied with two limitations, first, that, as construed by the state court, it can refer only 'to one whose principal business is that of a farmer or dairyman and not to one merely incidentally engaged in farming or dairying,' and, second, under the construction of the Commission in enforcing the statute a construction not disapproved by the state court-that it applies only to farmers and dairymen who occasionally, and not as a regular business, transport farm or dairy products for compensation. ”

“ Appellant insists that an undue burden is placed upon interstate commerce because the license fees are based on the 'carrying capacity' of the vehicles. The state court held that the fees 'are collected, as provided for by section 8517, for the purpose of maintaining the public highways over which such motor vehicles shall operate, as compensation for their use.' The statute provides for the segregation, for this purpose, of the moneys collected. ”