Louis Brandeis

“ It is not clear whether the liability insurance, for which the act provides, is against loss resulting to their persons from the applicant's negligence in using the highways within the state, or is for loss to passengers resulting from such negligence, or for both purposes. We have no occasion to consider whether under any suggested interpretation, liability insurance, as distinguished from insurance on the interstate cargo, may be required of a carrier engaged wholly in interstate commerce. ”

“ They insist that, as they are engaged exclusively in interstate commerce, they are not subject to regulation by the state; that it is without power to require that before using its highways they apply for and obtain a certificate; and that it is also without power to impose, in addition to the annual license fee demanded of all persons using automobiles on the highways, a tax upon them, under section 614-94, for the maintenance and repair of the highways and for the administration and enforcement of the laws governing the use of the same. ”

“ Since the tax is assessed for a proper purpose and is not objectionable in amount, the use to which the proceeds are put is not a matter which concerns the plaintiffs.
Plaintiffs urge that the decree should be reversed because of the provision in the act concerning insurance. The act provides that no certificate shall issue until a policy covering liability and cargo insurance has been filed with the commission. ”