Charles Evans Hughes

“ Limitations of size and weight are manifestly subjects within the broad range of legislative discretion. To make scientific precision a criterion of constitutional power would be to subject the state to an intolerable supervision hostile to the basic principles of our government and wholly beyond the protection which the general clause of the Fourteenth Amendment was intended to secure. ”

“ No commercial motor vehicle, trucktractor, trailer, or semi-trailer shall be operated on the public highway outside of the limits of an incorporated city or town with a load exceeding seven thousand (7000) pounds on any such vehicle or train or combination of vehicles; and no motor vehicle, commercial motor vehicle, truck-tractor, trailer or semi-trailer having a greater weight than six hundred (600) pounds per inch width of tire upon any wheel concentrated upon the surface of the highway shall be operated on the public highways outside of the limits of an incorporated city or town ”

“ In order to carry on the business of farming, 'implements of husbandry, plows, threshing machines, hay presser, etc.,' must be moved from one place to another. The same is true of machinery for water well drilling and highway construction. The uses of the highways for this sort of transportation are temporary only and essential to the public welfare.
The average distance traveled by trucks carrying property from points of origin to common carrier receiving points, or from common carrier unloading points to destination, is from four to eight miles; these hauls are universally short. ”

“ Appellants press the contention that, as admitted by the District Court, the damage to the highways is as great from a load of persons as from a load of freight, and that the combined weight of vehicles and load in the case of passenger buses is greater than the combined weight of vehicles and load carrying freight where the net load is limited to 7,000 pounds. ”

“ In view of our conclusion that the limitation in section 5, and the exception in section 7 (section 5 (b) , are valid, it is unnecessary to consider the question which has been presented as to the validity of section 3 (f) , if it were regarded as an independent provision, that is, in case the objections to section 5 were sustained. It appears to be conceded that under the ruling of the District Court as to section 5 and section 7 (section 5 (b) , which we have approved, motor transportation of uncompressed cotton is placed upon an equal basis with other articles of commerce. ”

“ When the subject lies within the police power of the state, debatable questions as to reasonableness are not for the courts but for the Legislature, which is entitled to form its own judgment, and its action within its range of discretion cannot be set aside because compliance is burdensome. ”

“ In exercising its authority over its highways the state is not limited to the raising of revenue for maintenance and reconstruction, or to regulations as to the manner in which vehicles shall be operated, but the state may also prevent the wear and hazards due to excessive size of vehicles and weight of load. ”

“ Appellants urge that any implement, truck or vehicle used by a farmer is an 'implement of husbandry' and hence, that under this exception trucks used by farmers in connection with dairies or farms may be operated throughout Texas without any restriction as to size. ”

“ The use of common experience as a glossary is necessary to meet the practical demands of legislation. In this instance, to insist upon carriage by the shortest possible route, without taking the practicability of the route into consideration, would be but an arbitrary requirement, and the expression of that which otherwise would necessarily be implied, in order to make the provision workable, does not destroy it.
If taken to be sufficiently definite, appellants deny that the exception is justified. ”

“ The number of trucks in use in Texas has increased 300 per cent. in the last six years; official registrations show an increase from 65,536 in 1924 to 206,527 in 1930, not including the large increase in interstate truck traffic; and this increase in 'truck density' justifies the dimensional and weight restrictions of the statute in the interest of public safety and convenience and highways protection. In 1930, there were only 900 passenger buses operating over the Texas highways, representing less than .004 of one per cent. of the total number of vehicles ”

“ Excessive loads on trucks are damaging the highways and the limitation of the net load to 7,000 pounds will cause a saving to the state in maintenance costs. Heavily loaded trucks cause accidents and reduced loads will result in greater safety.
On account of the width of traffic lanes, vehicles of greater width or length than that prescribed by the statute are hazardous for passing traffic, and the hazard will be materially reduced by a lighter load and a lesser width and length. There are low underpasses and bridge portals in Texas making necessary the prescribed height limit of 12 1/2 feet ”

“ Of all the registered vehicles on the highways, including trucks, buses and automobiles, less than four-tenths of one per cent. have a rated carrying capacity of more than 7,000 pounds; not more than 5,500 trucks, out of a total of 206,000, have such a capacity and are affected by the prescribed load limit. There are approximately 200,000 miles of state and county highways in Texas and less than 20,000 miles of these are state designated highways, the improvement of which represents a public investment of more than $250,000,000. ”

“ No vehicle shall exceed a total outside width, including any load thereon, of ninety-six (96) inches, except that the width of a farm tractor shall not exceed nine (9) feet, and except further, that the limitations as to size of vehicle stated in this section shall not apply to implements of husbandry, including machinery used solely for the purpose of drilling water wells, and highway building and maintenance machinery temporarily propelled or moved upon the public highways.↑ 'Sec. ”

“ There are highways of concrete and other rigid and semirigid type of construction, and also bridges, capable of carrying a greater load than 7,000 pounds, but these do not form a regularly connected system and are scattered throughout the state. ”