South Carolina State Highway Department v. Barnwell Bros, No. 161

CourtUnited States Supreme Court
Writing for the CourtSTONE
Citation303 U.S. 177,82 L.Ed. 734,58 S.Ct. 510
Docket NumberNo. 161
Decision Date14 February 1938
PartiesSOUTH CAROLINA STATE HIGHWAY DEPARTMENT et al. v. BARNWELL BROS., Inc., et al

303 U.S. 177
58 S.Ct. 510
82 L.Ed. 734
SOUTH CAROLINA STATE HIGHWAY DEPARTMENT et al.

v.

BARNWELL BROS., Inc., et al.

No. 161.
Argued Jan. 4, 1938.
Decided Feb. 14, 1938.

As Amended on Denial of Rehearing March 14, 1938.

Appeal from the District Court of the United States for the Eastern District of South Carolina.

[Syllabus from pages 177-179 intentionally omitted]

Page 180

Messrs. Steve C. Griffith, of Newberry, S.C., Thomas W. Davis, of Wilmington, N.C., and Eugene S. Blease, of Newberry, S.C., for appellants.

Messrs. S. King Funkhouser, and Frank Coleman, both of Roanoke, Va., for appellees.

Mr. Justice STONE delivered the opinion of the Court.

Act No. 259 of the General Assembly of South Carolina, of April 28, 1933, 38 St. at Large, p. 340, prohibits use on the state highways of motor trucks and 'semi-trailer motor trucks' whose width exceeds 90 inches, and whose weight including load exceeds 20,000 pounds. For purposes of the weight limitation, section 2 of the statute provides that a semitrailer motortruck, which is a motor propelled truck with a trailer whose front end is designed to be attached to and supported by the truck, shall be considered a single unit. The principal question for decision is whether these prohibitions impose an unconstitutional burden upon interstate commerce.

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Appellees include the original plaintiffs below, who are truckers and interstate shippers; the Interstate Commerce Commission; and certain others who were permitted to intervene as parties plaintiff. The suit was brought in the District Court for Eastern South Carolina against various state officials, to enjoin them from enforcing sections 4 and 6 of the act among others,1 on the ground that they have been superseded by the Federal Motor Carrier Act of 1935, c. 498, 49 Stat. 546, 49 U.S.C.A. § 304; that they infringe the due process clause of the Fourteenth Amendment; and that they impose an unconstitutional burden on interstate commerce. Certain railroads interested in restricting the competition of interstate motor carriers were permitted to intervene as parties defendant.

The District Court of three judges, after hearing evidence, ruled that the challenged provisions of the statute have not been superseded by the Federal Motor Carrier Act, 49 U.S.C.A. §§ 301 327, and adopted as its own the ruling of the state Supreme Court in State ex rel. Daniel v. John P. Nutt Co., 180 S.C. 19, 185 S.E. 25, that the challenged provisions, being an exercise of the state's power to regulate the use of its highways so as to protect them from injury and to insure their safe and economical use, do not violate the Fourteenth Amendment. But it held that the weight and width prohibitions place an unlawful burden on interstate motor traffic passing over specified highways of the state, which for the most part are of concrete or a concrete base surfaced with asphalt. In accordingly enjoined the enforcement of the weight provision against interstate motor carriers on the specified highway, and also

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the width limitation of 90 inches, except in the case of vehicles exceeding 96 inches in width. It exempted from the operation of the decree, bridges on those highways 'not constructed with sufficient strength to support the heavy trucks of modern traffic or too narrow to accommodate such traffic safely,' provided the state highway department should place at each end of the bridge proper notices warning that the use of the bridge is forbidden by trucks exceeding the weight or width limits and provided the proper authorities take the necessary steps to enforce the law against such use of the bridges. The case comes here on appeal under section 266 of the Judicial Code, as amended, 28 U.S.C.A. § 380.

The trial court rested its decision that the statute unreasonably burdens interstate commerce, upon findings, not assailed here, that there is a large amount of motortruck traffic passing interstate in the southeastern part of the United States, which would normally pass over the highways of South Carolina, but which will be barred from the state by the challenged restrictions if enforced, and upon its conclusion that, when viewed in the light of their effect upon interstate commerce, these restrictions are unreasonable.

To reach this conclusion the court weighed conflicting evidence and made its own determinations as to the weight and width of motortrucks commonly used in interstate traffic and the capacity of the specified highways of the state to accommodate such traffic without injury to them or danger to their users. It found that interstate carriage by motortrucks has become a national industry; that from 85 to 90 per cent of the motor trucks used in interstate transportation are 96 inches wide and of a gross weight, when loaded, of more than 10 tons; that only four other states prescribe a gross load weight as low as 20,000 pounds; and that the American Association of State Highway Officials and the National Conference on Street and Highway Safety in the Department of

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Commerce have recommended for adoption weight and width limitations in which weight is limited to axle loads of 16,000 to 18,000 pounds and width is limited to 96 inches.

It found in detail that compliance with the weight and width limitations demanded by the South Carolina act would seriously impede motortruck traffic passing to and through the state and increase its cost; that 2,417 miles of state highways, including most of those affected by the injunction, are of the standard construction of concrete or concrete base with asphalt surface, 7 1/2 or 8 inches thick at the edges and 6 or 6 1/2 inches thick at the center; that they are capable of sustaining without injury a wheel load of 8,000 to 9,000 pounds or an axle load of double those amounts, depending on whether the wheels are equipped with high-pressure or low-pressure pneumatic tires; that all but 100 miles of the specified highways are from 18 to 20 feet in width; that they constitute a connected system of highways which have been improved with the aid of federal money grants, as a part of a national system of highways; and that they constitute one of the best highway systems in the southeastern part of the United States.

It also found that the gross weight of vehicles is not a factor to be considered in the preservation of concrete highways, but that the appropriate factor to be considered is wheel or axle weight; that vehicles engaged in interstate commerce are so designed and the pressure of their weight is so distributed by their wheels and axles that gross loads of more than 20,000 pounds can be carried over concrete roads without damage to the surface; that a gross weight limitation of that amount, especially as applied to semitrailer motortrucks, is unreasonable as a means of preserving the highways; that it has no reasonable relation to safety of the public using the highways; and that the width limitation of 90 inches is un-

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reasonable when applied to standard concrete highways of the state, in view of the fact that all other states permit a width of 96 inches, which is the standard width of trucks engaged in interstate commerce.

In reaching these conclusions, and at the same time holding that the weight and width limitations do not infringe the Fourteenth Amendment, the court proceeded upon the assumption that the commerce clause, Const. art. 1, § 8, cl. 3, imposes upon state regulations to secure the safe and economical use of highways a standard of reasonableness which is more exacting when applied to the interstate traffic than that required by the Fourteenth Amendment as to all traffic; that a standard of weight and width of motor vehicles which is an appropriate state regulation when applied to intrastate traffic may be prohibited because of its effect on interstate commerce, although the conditions attending the two classes of traffic with respect to safety and protection of the highways are the same.

South Carolina has built its highways and owns and maintains them. It has received from the federal government, in aid of its highway improvements, money grants which have been expended upon the highways to which the injunction applies. But appellees do not challenge here the ruling of the District Court that Congress has not undertaken to regulate the weight and size of motor vehicles in interstate motor traffic and has left undisturbed whatever authority in that regard the states have retained under the Constitution.

While the constitutional grant to Congress of power to regulate interstate commerce has been held to operate of its own force to curtail state power in some measure,2

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it did not forestall all state action affecting interstate commerce. Ever since Willson v. Black Bird Creek Marsh Co., 2 Pet. 245, 7 L.Ed. 412, and Cooley v. Board of Port Wardens, 12 How. 299, 13 L.Ed. 996, it has been recognized that there are matters of local concern, the regulation of which unavoidably involves some regulation of interstate commerce but which, because of their local character and their number and diversity, may never be fully dealt with by Congress. Notwithstanding the commerce clause, such regulation in the absence of congressional action has for the most part been left to the states by the decisions of this Court, subject to the other applicable constitutional restraints.

The commerce clause by its own force, prohibits discrimination against interstate commerce, whatever its form or method, and the decisions of this Court have recognized that there is scope for its like operation when state legislation nominally of local concern is in point of

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fact aimed at interstate commerce, or by its necessary operation is a means of gaining a local benefit by throwing the attendant burdens on those without the state. Robbins v. Shelby County Taxing District, 120 U.S. 489, 498, 7 S.Ct. 592, 30 L.Ed. 694;...

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    ...& Pac. R. R. Co., 393 U.S. 129, 89 S.Ct. 323, 21 L.Ed.2d 289 (1968) and South Carolina State Highway Dep't v. Barnwell Bros., Inc., 303 U.S. 177, 58 S.Ct. 510, 82 L.Ed. 734 (1938) in which the Court found no requirement for national 10 See, e. g., Dean Milk Co. v. Madison, 340 U.S. 349,......
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