Morris v. Duby

• Decision Date: 18 April 1927
• Docket Number: No. 372,372
• Citation: 71 L.Ed. 966,47 S.Ct. 548,274 U.S. 135
• Parties: MORRIS et al. v. DUBY et al
• Court: U.S. Supreme Court

274 U.S. 135

47 S.Ct. 548

71 L.Ed. 966

MORRIS et al.

v DUBY et al.

No. 372.

Submitted Feb. 28, 1927.

Decided April 18, 1927.

W. R. Crawford and Edwin C. Ewing, both of Seattle, Wash., for appellants.

I. H. Van Winkle and J. M. Devers, both of Salem, Or., for appellees.

[Argument of Counsel from pages 136-138 intentionally omitted] Mr. Chief Justice TAFT delivered the opinion of the Court.

The plaintiffs below, the appellants here, owned and operated for hire, under proper license, motor trucks on the Columbia River Highway in Oregon, from the east boundary of Multnomah county to the west limits of the city of Hood River, a distance of 22.11 miles. This highway extends from Portland to The Dalles, Oregon, and is a rural post road. The plaintiffs have complied with all the state rules and regulations respecting the operation of motor trucks upon the highway, and under previous regulations carried a combined maximum load of not exceeding 22,000 pounds. The highway commission under a law of Oregon has reduced the maximum to 16,500 pounds by an order, in which the commission recites that the road is being damaged by heavier loads. The plaintiffs filed this bill to enjoin the enforcement of the order, on the ground that it invades their federal constitutional rights.

The case was heard under section 166 of the Judicial Code, as amended by the Act of February 13, 1925, c. 229, 43 Stat. 936, before a court of three judges, on an order to show cause why a preliminary injunction should not issue restraining the commission from enforcing the order. A motion to dismiss was interposed to the complaint by the defendant and submitted at the same time. The District Court denied the application for a preliminary injunction, and granted the motion to dismiss the plaintiff's amended bill, on the ground that it did not state facts sufficient to constitute a cause of action, or to entitle the plaintiffs to the relief demanded. As the plaintiffs refused to plead further, the cause was dismissed, and the case comes here directly from the District Court by virtue of paragraph 3 of section 238 of the Judicial Code as amended by the Act of February 13, 1925, c. 229, 43 Stat. 936 (Comp. St. § 1215).

The Secretary of Agriculture, by virtue of three Acts of Congress, one of July 11, 1916, 39 Stat. 355, c. 241, an amendment thereto of February 28, 1919, 40 Stat. 1189, 1200, c. 69 (Comp. St. § 7477bb) and the Federal Highway Act of November 9, 1921, c. 119, 42 Stat. 212 (Comp. St. § 7477 1/4 et seq.), is authorized to co-operate with the states, through their respective highway departments, in the construction of rural post roads. These require that no money appropriated under their provisions shall be expended in any state until it shall by its legislature have assented to the provisions of the acts. 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. In case of failure of a state to maintain any highway within its boundaries after construction or reconstruction, the Secretary is authorized to proceed on notice to have the highway placed in proper condition of maintenance, at the charge and cost of the federal funds allotted to the state and henceforth to refuse any further project in such state until the state shall reimburse the government for such maintenance and shall pay into the federal highway fund for reapportionment among all the states the sum thus expended.

By section 5, chapter 237, of the General Laws of Oregon for 1917, the Oregon Highway way Law was passed. That creates a highway commission, with authority to carry out the provisions of the act, and to exercise general supervision over all matters pertaining to the construction of state highways and to determine the general policy of the highway department. By section 5 the Oregon Legislature assents to the provisions of the act of Congress of 1916, furnishing aid in the construction of rural post roads, and the department is authorized to enter into all contracts and agreements with the national government relating to the survey, construction, improvement, and maintenance of the roads under the act of Congress, and to submit any scheme of construction as may be required by the Secretary of Agriculture, and to do all things necessary to carry out the co-operation contemplated by the act. The good faith of the state is pledged to make the available funds sufficient to equal the funds apportioned to the state by the government, and to maintain the roads constructed or improved with the aid of funds so appropriated and to make adequate provision for carrying out such maintenance. By General Laws of Oregon 1917, pp. 256, 268, c. 194, § 28, in force when the first federal act was passed, it was provided that no motor truck of over 5 tons capacity should be driven or operated on any road or highway of the state, except with the consent and upon a permit issued by the county court of the county wherein such truck was sought to be driven or operated, and this was the provision of law in force when the law was passed accepting the federal acts for Oregon. By the General Laws Oregon 1921, c. 371, § 35 it was provided that the highway commission and the county court might grant special permits to permit any vehicle having with its load a combined weight in excess...