Louis Brandeis, City of Hammond v. Schappi Bus Line…
“ May the city's right to limit the number of vehicles, and to prohibit stops to load or unload passengers, be exercised in such a way as to allocate streets on which motor traffic is more profitable exclusively to the local lines and to allocate streets on which the traffic is less profitable to the lines engaged wholly, or partly, in interstate commerce? ”
Louis Brandeis, City of Hammond v. Schappi Bus Line…
“ The issues of law are as serious and as numerous as those of fact. Schappi contends that the city lacked power to adopt any ordinance dealing with the subject, because by Act of March 4, 1925, Indiana General Assembly, pp. 138-142, and Act of March 14, 1925, Indiana General Assembly, pp. 570-607, the power to authorize use of the highways by motor busses was vested in the Public Service Commission and Schappi had obtained from it certificates of public convenience and necessity specifically authorizing the use of the existing routes. ”
Louis Brandeis, City of Hammond v. Schappi Bus Line…
“ The city concedes that the ordinance prohibits the continued operation of Schappi busses over their existing routes. It urges that, despite the prohibition of section 1 of the ordinance, Schappi busses might use other streets which would bring them within a short distance of the business district, and that it might, under section 2, secure permits to stop for loading and unloading which would adequately serve its purposes.The city asserts that the purpose of the ordinance is to prevent congestion of traffic and to promote safety. ”
