Clark v. Poor

Decision Date31 May 1927
Docket NumberNo. 275,275
Citation47 S.Ct. 702,71 L.Ed. 1199,274 U.S. 554
PartiesCLARK et al. v. POOR et al., Public Utilities Commission of Ohio
CourtU.S. Supreme Court

Mr. Murray Seasongood, of Cincinnati, Ohio, for appellants.

Messrs. Albert M. Calland and John W. Bricker, both of Columbus, Ohio, for appellees.

Mr. Justice BRANDEIS delivered the opinion of the Court.

The Ohio Motor Transportation Act of 1923, as amended (Gen. Code, §§ 614-84 to 614-102), provides that a motor transportation company desiring to operate within the state shall apply to the Public Utilities Commission for a certificate so to do, and shall not begin to operate without first obtaining it; also that such a company must pay, at the time of the issuance of the certificate and annually thereafter, a tax graduated according to the number and capacity of the vehicles used. Sections 614-87, 614-94.

Clark and Riggs operate as common carriers a motor truck line between Aurora, Ind., and Cincinnati, Ohio, exclusively in interstate commerce. They ignored the provisions of the act, and operated without applying for a certificate or paying the tax. The they brought this suit, in the federal court for southern Ohio, to enjoin the commission from enforcing as against them the provisions of the act. The case was heard in the District Court before three judges on final hearing, under section 266 of the Judicial Code, as amended by the Act of February 13, 1925 307, 45 S. Ct. 324, 69 L. Ed. 623, 38 A. L. R. the act calls the certificate one of 'public convenience and necessity,' the commission had recognized, before this suit was begun, that, under Buck v. Kuykendall, 267 U. S. 307, 45 S. Ct. 324, 69 L. Ed. 623, 38 A.L.R. 286, and Bush v. Maloy, 267 U. S. 317, 45 S. Ct. 326, 327, 69 L. Ed. 627, it had no discretion where the carrier was engaged exclusively in interstate commerce, and was willing to grant to plaintiffs a certificate upon application and compliance with other provisions of the law. See Cannon Ball Transportation Co. v. Public Utilities Commission, 113 Ohio St. 565, 567, 149 N. E. 713. The bill was dismissed. It is here on direct appeal. This court has jurisdiction, as an interlocutory injunction had been applied for and a restraining order issued. Moore v. Fidelity & Deposit Co., 272 U. S. 317, 320-321, 47 S. Ct. 105, 71 L. Ed. 273; Smith v. Wilson, No. 648, 273 U. S. 388, 47 S. Ct. 385, 71 L. Ed. 699, decided February 21, 1927.

The plaintiffs claim that, as applied to them, the act violates the commerce clause of the federal Constitution. They insist that, as they are engaged exclusively in interstate commerce, they are not subject to regulation by the state; that it is without power to require that before using its highways they apply for and obtain a certificate; and that it is also without power to impose, in addition to the annual license fee demanded of all persons using automobiles on the highways, a tax upon them, under section 614-94, for the maintenance and repair of the highways and for the administration and enforcement of the laws governing the use of the same. The contrary is settled. The highways are public property. Users of them, although engaged exclusively in interstate commerce, are subject to regulation by the state to ensure safety and convenience and the conservation of the highways. Morris v. Duby, No. 372, 274 U. S. 135, 47 S. Ct. 548, 71 L. Ed. 966 decided April 18, 1927; Hess v. Pawloski (No. 263) 274 U. S. 352, 47 S. Ct. 632, 71 L. Ed. 1091, decided May 16, 1927. Users of them, although engaged exclusively in interstate commerce, may be required to contribute to their cost and upkeep. Common carriers for hire, who make the highways their place of business, may properly be charged an extra tax for such use. Hendrick v. Maryland, 235 U. S. 610, 35 S. Ct. 140, 59 L. Ed. 385; Kane v. New Jersey, 242 U. S. 160, 37 S. Ct. 30, 61 L. Ed. 222. Compare packard v. Banton, 264 U. S. 140, 144, 44 S. Ct. 257, 68 L. Ed. 596.

There is no suggestion that the tax discriminates against interstate commerce. Nor is it suggested that the tax is so large as to obstruct interstate commerce. It is said that all of the tax is not used for maintenance and repair of the highways; that some of it is used for defraying the expenses of the commission in the administration or enforcement of the act, and some for other purposes. This, if true, is immaterial. Since the tax is assessed for a proper purpose and is not objectionable in amount, the use...

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    • United States
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    ...law, including the filing of the liability insurance. This course of procedure seems to have been approved in Clark v. Poor, 274 U. S. 554, 556, 47 S. Ct. 702, 71 L. Ed. 1199, and followed in Cannonball Transportation Co. v. American Stages (D. C.) 53 F.(2d) 1051, 1053. * * "It will be obse......
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    ...v. Maryland, 235 U.S. 610, 35 S.Ct. 140, 59 L.Ed. 385; Kane v. New Jersey, 242 U.S. 160, 37 S.Ct. 30, 61 L.Ed. 222; Clark v. Poor, 274 U.S. 554, 47 S.Ct. 702, 71 L.Ed. 1199; Interstate Busses Corp. v. Blodgett, 276 U.S. 245, 48 S.Ct. 230, 72 L.Ed. 551. The Connecticut tax involved in the la......
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    ...the charge must be necessarily predicated upon the use made, or to be made, of the highways of the state. Clark v. Poor, supra 274 U.S. 554, 47 S.Ct. 702, 71 L.Ed. 1199. In the present act the amount of the tax is not dependent upon such use. It does not rise with an increase in mileage tra......
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    ...supra; Kane v. New Jersey, 242 U.S. 160, 37 S.Ct. 30, 61 L.Ed. 222 (1916); number and capacity of vehicles, Clark v. Poor, 274 U.S. 554, 47 S.Ct. 702, 71 L.Ed. 1199 (1927); mileage within the State, Interstate Busses Corp. v. Blodgett, 276 U.S. 245, 48 S.Ct. 230, 72 L.Ed. 551 (1928); gross-......
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