Edward Douglass White

“ While the case before us concerns the power of a state over the delivery of cars in consummation of an interstate shipment, we nevertheless think that the Hardwick Case is controlling because the legislation of Congress as clearly excludes the right of a state to penalize for failure to deliver interstate freight at the termination of an interstate shipment as it was found to prevent a state from penalizing for failure to furnish cars for the initiation of the movement of interstate traffic. ”

“ The term 'transportation' shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration, or icing, storage and handling of property transported ”

“ As applied to interstate commerce, however, we think such penalties were not enforceable because of a want of power in the state to impose them, in view of the legislation of Congress existing at the time the alleged duty to give notice arose. ”