Oliver Wendell Holmes, Jr.

“ Considering the case more broadly and as involving the right to require one railroad to interchange traffic with another, the position of the Central Stock Yards Company would be untenable, because, as it was held at common law, a railroad is only bound to transport freight at its own terms. (4) If the Constitution of Kentucky could be construed to require such delivery of the live stock, it was invalid in so far as it affected interstate commerce. ”

“ It is enough to observe that such a law perhaps ought to be so limited as to respect the paramount needs of the carrier concerned, and at least could be sustained only with full and adequate regulations for his protection from the loss or undue detention of cars, and for securing due compensation for their use. The Constitution of Kentucky is simply a universal, undiscriminating requirement, with no adequate provisions such as we have described. The want cannot be cured by inserting them in judgments under it. ”

“ It was argued, however, that the requirement that the plaintiff in error should deliver its own cars to another road was void under the 14th Amendment as an unlawful taking of its property. In view of the well-known and necessary practice of connecting roads, we are far from saying that a valid law could not be passed to prevent the cost and loss of time entailed by needless transhipment or breaking bulk, in case of an unreasonable refusal by a carrier to interchange cars with another for through traffic. ”

“ By the exercise of the first power property is taken, and compensation for it is a necessary condition; by the exercise of the second power property is subjected to regulation, and a provision for compensation is not necessary. When regulation is transcended and becomes a taking of property may, at times, be a close question; but the power of regulation must not be overlooked or underestimated. ”

“ It will be observed that the Constitution puts an obligation upon railroad companies to 'receive, transfer, deliver, and switch empty or loaded cars,' and to 'move, transport, receive, load, or unload all the freight in car loads or less quantities coming to or going from any railroad . ”

“ This decision was reversed by the court of appeals (Louisville & N. R. Co. v. Miller, 112 Ky. 464, 66 S. W. 5) , and thereupon the before-mentioned bill in the United States court was brought, to deal with interstate shipments, with a prayer, also, that the railroad be required to recognize changes of destination ”

“ The law itself must save the parties' rights, and not leave them to the discretion of the courts as such. See Security Trust & S. V. Co. v. Lexington, 203 U.S. 323, 333, 51 L. ed. 204, 208, 27 Sup. Ct. Rep. ”

“ Rep. 410; Connecticut River R. Co. v. Franklin County, 127 Mass. 50, 53, 34 Am. Rep. 338; Ash v. Cummings, 50 N. H. 591; Moody v. Jacksonville, T. & K. W. R. Co. 20 Fla. 597; Ex parte Martin, 13 Ark. 198, 58 Am. Dec. 321; St. Louis v. Hill, 116 Mo. 527, 21 L.R.A. 226, 22 S. W. 861. It follows that the requirement of the state Constitution cannot stand alone under the 14th Amendment, and that the judgment in this respect also, being based upon it, must fall. ”