Louis Brandeis

“ It is not lightly to be assumed that Congress would have resorted to means so extraordinary for securing workable tariffs.
It is suggested that, although the primary purpose of the first clause of section 208 (a) was to facilitate the conduct of business, Congress intended thereby also to protect the carrier's revenues, and that a requirement of an affirmative exercise of state power after termination of federal control would, by presenting an obstacle to change make reductions of rates by the states difficult, and thus result in protecting the carrier's revenues. ”

“ An examination of the section in the light of the then existing federal and state law will make clear that another and reasonable construction is open to us, and that it should prevail.
Section 208 (a) contains two clauses. Each was to take effect immediately. Each dealt with rates, fares, charges, classifications, regulations and practices. But in purpose, character, and scope the two clauses differ widely. The primary purpose of the second clause was to protect the United States from liability on its guaranty to the carriers of the standard return. ”

“ Congress could, under that power, also make reasonable provision to ensure workable tariffs on the restoration of the railroads to their owners. But a repeal by Congress of all such existing state laws, affecting intrastate commerce, coupled with permission to enact new ones, would not be an appropriate means to that end, nor could such legislation be sustained under the commerce clause. ”