Louis Brandeis

“ Smith Light & Traction Company owns and operates in that city a street railway system with about 22 miles of line. Included in the system is a line extending, for a third of a mile, on Greenwood avenue. Under the law of Arkansas, a street railway is not permitted to abandon any part of its line without leave of the city commission which exercise the powers of a public utility commission. ”

“ Railroad Commission of Louisiana, 251 U.S. 396, 40 S.C.t. 183, 64 L. Ed. 323. But the Constitution does not confer upon the company the right to continue to enjoy the franchise and escape from the burdens incident to its use. ”

“ Nor does the expected deficit from operation affect its validity. A railway may be compelled to continue the service of a branch or part of a line, although the operation involves a loss. Missouri Pacific Ry. Co. v. Kansas, 216 U.S. 262, 279, 30 S.C.t. 330, 54 L. Ed. 472; Chesapeake & Ohio Ry. Co. v. Public Service Commission, 242 U.S. 603, 607, 37 S.C.t. 234, 61 L. Ed. 520. Compare Railroad Commission v. Eastern Texas R. R. Co., 264 U.S. 79, 85, 44 S.C.t. 247, 68 L. Ed. 569. This is true even where the system as a whole fails to earn a fair return upon the value of the property. ”