Joseph McKenna

“ Interstate commerce is concerned with the business of states, states distant often from one another, involving, necessarily, a difference in service. And such is the character of the trains in question. They are operated in long-distance traffic, are the instruments of such traffic, and it is a part of their efficiency that they are run at night. They may be a facility in some degree to Mountain Grove. ”

“ There is, however, no inevitable test of the instances; the facts in each must be considered. In Gladson v. Minnesota, 166 U.S. 427, 17 Sup. Ct. 627, 41 L. Ed. 1064, it was decided that a state requlation requiring all regular passenger trains running wholly within the state to stop at stations at all county seats long enough to take on and discharge passengers invaded no constitutional right of the railroad, nor was it an infringement of interstate commerce because it was made applicable to interstate connecting trains or trains transporting mails of the United States. ”

“ The trains are night trains, and it is difficult to see how they are necessary to the enterprise of the city, or an essentially contributing factor or adjunct to its business. We say 'essentially contributing,' as distinguished from some personal convenience or accommodation, which no doubt they are. It is to be borne in mind that interstate commerce and intrastate commerce have different purposes and these purposes are to be considered the power of the nation and the power of the states are accommodated to them and delimited by them. ”