Oliver Wendell Holmes, Jr.

“ But it would be more logical to allow a division according to the jurisdiction over the track than to declare that the subject for regulation is indivisible, yet that the indivisibility does not depend upon the commerce being under the authority of Congress, but upon a fiction which attributes it wholly to Arkanses, although that fiction is quite beyond the power of Arkansas to enforce. ”

“ Transportation for others, as an independent business, is commerce, irrespective of the purpose to sell or retain the goods which the owner may entertain with regard to them after they shall have been delivered.
The transportation of these goods certainly went outside of Arkansas, and we are of opinion that in its aspect of commerce it was not confined within the state. Suppose that the Indian territory were a state, and should try to regulate such traffic, what would stop it? Certainly not the fiction that the commerce was confined to Arkansas. ”

“ Whereas it is decided, as we have said, that when a rate is established, it must be established as a whole.
We are of opinion that the language which we have quoted from Mr. Justice Field is correct, and that the decree of the circuit court should be affirmed. ”