Charles Evans Hughes

“ This proceeding established the character of the claim so far as interstate transactions were concerned, and it could be prosecuted solely under the Federal statute. This follows necessarily from the supremacy of the Federal legislation in relation to interstate commerce. So long as the creative provisions of the Federal act did not appear to be involved, and the wrong was not disclosed in the aspect presented by the Commission's finding, the plaintiff was free to avail itself of common-law remedies or of those afforded by local statutes. ”

“ We do not understand that it is questioned that a very large part of the damages recovered in this action pertain to coal which, with a fair method of car distribution, would have been shipped from the mines to purchasers in other states. There is no controversy as to the course of business. The plaintiff sold to persons within and without the state of Pennsylvania. ”

“ Rep. 715, the complainant was a manufacturer in Minnesota and sold his commodity to purchasers in Indiana, the delivery being f. o. b. cars at Minneapolis for transportation to Indiana in the original unbroken packages, the freight being paid by the purchasers. Referring to an objection similar to the one here urged, the court said: 'In answer, it must again be said that 'commerce among the states is not a technical legal conception, but a practical one, drawn from the course of business.' Swift & Co. ”

“ In Pennsylvania R. Co. v. Puritan Coal Min. Co. 237 U.S. 121, 131, 59 L. ed. --, 35 Sup. Ct. Rep. 484, construing § 9, the court said: 'It will be seen that this section does more than create a right and designate the court in which it is to be enforced. It gives the shipper the option to proceed before the Commission or in the Federal courts. The express grant of the right of choice between those two remedies was the exclusion of any other remedy in a state court. . . . In Mitchell Coal & Coke Co. v. Pennsylvania R. Co. ”

“ Baltimore & O. R. Co. v. United States, 215 U.S. 481, 493, 54 L. ed. 292, 297, 30 Sup. Ct. Rep. 164; Robinson v. Baltimore & O. R. Co. 222 U.S. 506, 511, 56 L. ed. 288, 290, 32 Sup. Ct. Rep. 114; United States v. Pacific & A. R. & Nav. Co. ”