James Clark McReynolds

“ The right of appellant ferry company to institute and maintain this proceeding rests wholly upon the permission granted by paragraph 20, § 1. 'Any party in interest' may institute a suit to enjoin proposed construction, operation, or abandonment of a carrier's line unless it has obtained a certificate of public convenience and necessity from the Interstate Commerce Commission. In the absence of such certificate the doing of any of these things is declared to be unlawful-a crime subject to punishment by fine and imprisonment. ”

“ The Claiborne-Annapolis Ferry Company (appellant) , Maryland corporation, which operates a ferry from Annapolis across Chesapeake Bay, intervened and opposed the railway's application 'for the reason that the ferry service proposed to be operated by the applicant from Chesapeake Beach, Calvert County, Maryland, to a point on Trippe's Bay in Dorchester County, Maryland, will interfere with and hamper the efforts of your petitioner to give adequate service on its present route'-twenty miles further north. ”

“ They are restricted to carriers engaged in transporting persons or property in interstate and foreign commerce and were intended to affect intrastate commerce only as that may be incidental to the effective regulation of interstate commerce. ”