James Clark McReynolds

“ That 'the only power it (the corporation) has is to engage exclusively in foreign commerce'; to tax the privilege of doing this would burden such commerce and offend the Federal Constitution.
Also, that if the corporation is subject to the challenged tax, the statute requires the capital represented by the bridge structure to be excluded from the computation since this is used exclusively in foreign commerce. ”

“ It merely collects tolls from such persons as use it (the bridge) . It provides an instrumentality which others may use in conducting foreign commerce.' Unless, by reason of what appellant is now shown to do, it engages in foreign commerce, then, considering our ruling upon the appeal challenging the tax for 1930 (287 U.S. 295, 53 S.Ct. 137, 77 L.Ed. 314) , clearly, the judgment below must be affirmed. The argument for reversal is, of course, ineffective if ownership and operation of the bridge do not constitute foreign commerce. ”