William O. Douglas

“ But the standard written into § 321 (a) did not reflect the necessities of national defense or the demands which total war makes on an economy. It used more conventional language-'military or naval' use as contrasted to 'civil' use. That obviously is not conclusive on the problem of interpretation which these cases present. But in light of the environment in which § 321 (a) was written we are reluctant to conclude that Congress meant 'all property of the United States transported for the national defense' when it used more restrictive language. ”

“ When the resources of a nation are mobilized for war, most of what it does is for a military end-whether it be rationing, or increased industrial or agricultural production, price control, or the host of other familiar activities. ”

“ Yet § 321 (a) was designed as permanent legislation, not as a temporary measure to meet the exigencies of war. It was to supply the standard by which rates for government shipments were to be determined at all times-in peace as well as in war. ”