Louis Brandeis

“ The Commission was given the authority to compel an interstate carrier to construct a switch connection with a side track built by an industry. The state cannot curtail the Commission's power over interstate commerce by denying it authority to compel a connection with such a side track unless the circumstances are such that public necessity and convenience require an extension of the railroad under paragraphs 18 to 21. ”

“ It is contended that the coal company is not a shipper on the Big Four, within the meaning of paragraph 9, because the railroad can be compelled to build the connection only with a 'private side track which may be constructed to connect with its railroad,' and the track of the coal company, if a private track, could not be legally constructed. The argument is that, under the law of Illinois, only a public track may cross a highway; that an Illinois mining corporation has no power to build a public track ”

“ Com. Com'n R. 354; National Industrial Traffic League v. Aberdeen & Rockfish R. Co., 61 Interst. Com. Com'n R. 120, 121; Certain-Teed Products Co. v. Chicago, R. I. & Pac. R. Co., 68 Interst. Com. Com'n R. 260, 263. ”