Edward Douglass White

“ To admit the fundamental principle and yet to reason that because Congress chose to make its prohibitions take effect only after a year, the matter with which Congress dealt remained subject to state power, is to cause the act of Congress to destroy itself; that is, to give effect to the will of Congress as embodied in the postponing provision for the purpose of overriding and rendering ineffective the expression of the will of Congress to bring the subject within its control,-a manifestation arising from the mere fact of the enactment of the statute. ”

“ A statute cannot be both operative and inoperative at the same time. It is either a law or it is not a law; and, without special words of limitation, when it goes into effect for one purpose, it goes into effect for all purposes.'
But we are of opinion that this view is not compatible with the paramount authority of Congress over interstate commerce. ”

“ This transportation was interstate commerce, and the train was an interstate train, despite the fact that it may also have been carrying some local freight. In view of the unity and indivisibility of the service of the train crew and the paramount character of the authority of Congress to regulate commerce, the act of Congress was exclusively controlling. Southern R. Co. v. United States, 222 U.S. 20, 56 L. ed. 72, 32 Sup. Ct. Rep. 2. But while thus governed by the act of Congress, the prohibitions of that act were not operative. ”