William O. Douglas

“ I regret that today we give up territory that Congress has fairly claimed, that we take a backward step from the measures Congress designed to protect the lowest paid and weakest group of wage earners in the Nation. ”

“ It is difficult to understand why a stringent test of remoteness is used in determining whether construction work is related to 'production of goods for commerce' when a liberal test was applied in the Vollmer case in holding that such work was 'in commerce.' See Armour & Co. ”

“ Moreover, the water system being improved would seem to be as much a facility of those producing goods for commerce as was the highway in the McCrady case. Moreover, in Alstate Construction Co. v. Durkin, supra, a company, making products sold intrastate but used to improve the facilities of those producing goods for commerce, was held to be employing workers covered by the Act. The work in improving the present facility used by producers of goods for commerce is at least as close to the process of production as the labor of the men in the Alstate case. ”