William Howard Taft

“ They provide that the Secretary of Agriculture and the state highway department of each state shall agree upon the roads to be constructed therein and the character and method of their construction. The construction work in each state is to be done in accordance with its laws, and under the supervision of the state highway department, subject to the inspection and approval of the Secretary and in accord with his rules and regulations made pursuant to the federal acts. The states are required to maintain the roads so constructed according to their laws. ”

“ That it prevents competition with freight traffic on parallel steam railroads may possibly be a circumstance to be considered in determining the reasonableness of such a limitation, though that is doubtful, but it is necessarily outweighed when it appears by decision of competent authority that such weight is injurious to the highway for the use of the general public and unduly increases the cost of maintenance and repair. ”

“ In the Kuykendall Case this court said (page 315 (45 S.C.t. 325) ) : 'With the increase in number and size of the vehicles used upon a highway, both the danger and the wear and tear grow. To exclude unnecessary vehicles-particularly the large ones commonly used by carriers for hire-promotes both safety and economy. State regulation of that character is valid even as applied to interstate commerce, in the absence of legislation by Congress which deals specifically with the subject. ”

“ It alleges that the acts of Congress and of Oregon constitute a contract by which the permission for the use of a 5-ton combined weight of truck and load is a term which cannot be departed from by the state highway commission, and constitutes a protection to the plaintiffs of which they may avail themselves in this action. ”

“ Vandalia R. R. Co. v. Public Service Commission, 242 U.S. 255, (37 S.C.t. 93, 61 L. Ed. 276) ; Missouri Pacific Ry. Co. v. Larabee Flour Mills Co., 211 U.S. 612 (29 S.C.t. 214, 53 L. Ed. 352) . Neither the recent federal highway acts nor the earlier post road acts (Rev. Stat. par. 3964 (Comp. St. § 7456) ; Act March 1, 1884, c. 9, 23 Stat. 3 (Comp. St. § 7457) ) do that.'
The mere fact that a truck company may not make a profit unless it can use a truck with load weighing 22,000 or more pounds does not show that a regulation forbidding it is either discriminatory or unreasonable. ”