William O. Douglas

“ I have said enough to show that the judges who heard this case below knew that they were dealing with a live, active contest that theatened serious consequences to respondent, not with a hypothetical question that might have practical repercussions only in the remote future.
The fact that the Utah court can adjudicate the controversy in the pending state case is no reason why the federal court should stay its hand. There is no federal policy indicating that this is a field in which federal courts should be reluctant to intervene. ”

“ Congress here has given no indication that the integrity of permits granted interstate carriers by the Interstate Commerce Commission should be protected in the state rather than in the federal courts. All the presumptions are contrary. The basis of the jurisdiction of the District Court created by Congress is clear. The case 'arises under the Constitution' and 'laws' of the United States. 28 U.S.C. § 1331, 28 U.S.C.A. § 1331. It is proper that the federal court, absent such special circumstances as the Huffman case presented, exercise that jurisdiction and protect the federal right. ”

“ Moreover, Utah is not attempting to regulate a phase of interstate business that is within the reach of a State's police power. She is endeavoring to make respondent obtain a permit to do an interstate business for which the respondent already holds a federal permit, under threat that unless he obtains a Utah permit, Utah will stop him from conducting the interstate business. ”