Oliver Wendell Holmes, Jr.

“ It is further alleged in the bill that the conclusion stated by the Commission that the reduced rates established by it for scrip coupon tickets will be just and reasonable for that class of travel is contrary to the specific facts found by the Commission, and is not to be taken as an independent finding of fact, but only as a conclusion or ruling reached by it upon a misinterpretation of the law. ”

“ This Act amended section 22 of the Interstate Commerce Act by adding to what became (1) two paragraphs, viz.: (2) directing the Commission to require the railroads subject to the Act, with such exemptions as the Commission holds justified, to issue interchangeable mileage scrip coupon tickets at just and reasonable rates, in such denominations as the Commission may prescribe, with regulations as to use and prescribing whether the tickets are transferable or not transferable and if the latter what identification may be required, and what bagage privileges go with such tickets ”

“ Apart from constitutional difficulties, Lake Shore & Michigan Southern Ry. Co. v. Smith, 173 U.S. 684, 19 Sup. Ct. 565, 43 L. Ed. 858, the whole tendency of the law has been adverse to the enactment as proposed at least unless a clear case should be made out. ”