Louis Brandeis

“ Originally the term 'car service' included the 'movement, distribution, exchange, interchange, and return of cars used in the transportation of property.' As amended the term is made to include the use, control, supply, movement, distribution, etc., not only of cars, but of locomotives and other vehicles. It is further extended to include, 'the supply, movement, and operation of trains by any carrier by railroad subject to this act' and so requires every carrier by railroad 'to furnish safe and adequate car service. ”

“ The argument that the authority of the Commission over car service should be construed to include the requiring of switching rests upon paragraph 10 of amended section 1 of the Act to Regulate Commerce. [6] But 'car service' connotes the use to which the vehicles of transportation are put; not the transportation service rendered by means of them. [7] Cars and locomotives, like tracks and terminals, are the instrumentalities. ”

“ Paragraph 15 deals in subparagraphs (a) and (b) with car service; in subparagraph (c) with the common use of terminals; in subparagraph (d) with preferences in transportation, embargoes, and movement of traffic under permits. Paragraph 16 and the amendment to section 15 confer emergency power to reroute traffic and 'to establish temporarily, such through routes as in its [the Commission's] opinion are necessary or desirable in the public interest.' None of these provisions grants in terms power to require the performance of a transportation service. ”