south
carolina
state
highway
dept
barnwell
argued
january
decided
february
amended
denial
rehearing
march
appeal
district
eastern
district
south
carolina
south
carolina
state
highway
dept
barnwell
steve
griffith
newberry
thomas
davis
wilmington
eugene
blease
newberry
appellants
king
funkhouser
frank
coleman
roanoke
appellees
justice
stone
delivered
opinion
act
general
assembly
south
carolina
april
large
prohibits
use
state
highways
motor
trucks
motor
trucks
whose
width
exceeds
inches
whose
weight
including
load
exceeds
pounds
purposes
weight
limitation
section
statute
provides
semitrailer
motortruck
motor
propelled
truck
trailer
whose
front
end
designed
attached
supported
truck
shall
considered
single
unit
principal
question
decision
whether
prohibitions
impose
unconstitutional
burden
upon
interstate
commerce
appellees
include
original
plaintiffs
truckers
interstate
shippers
interstate
commerce
commission
certain
others
permitted
intervene
parties
plaintiff
suit
brought
district
eastern
south
carolina
various
state
officials
enjoin
enforcing
sections
act
among
ground
superseded
federal
motor
carrier
act
stat
infringe
due
process
clause
fourteenth
amendment
impose
unconstitutional
burden
interstate
commerce
certain
railroads
interested
restricting
competition
interstate
motor
carriers
permitted
intervene
parties
defendant
district
three
judges
hearing
evidence
ruled
challenged
provisions
statute
superseded
federal
motor
carrier
act
adopted
ruling
state
state
ex
rel
daniel
john
nutt
challenged
provisions
exercise
state
power
regulate
use
highways
protect
injury
insure
safe
economical
use
violate
fourteenth
amendment
held
weight
width
prohibitions
place
unlawful
burden
interstate
motor
traffic
passing
specified
highways
state
part
concrete
concrete
base
surfaced
asphalt
accordingly
enjoined
enforcement
weight
provision
interstate
motor
carriers
specified
highway
also
width
limitation
inches
except
case
vehicles
exceeding
inches
width
exempted
operation
decree
bridges
highways
constructed
sufficient
strength
support
heavy
trucks
modern
traffic
narrow
accommodate
traffic
safely
provided
state
highway
department
place
end
bridge
proper
notices
warning
use
bridge
forbidden
trucks
exceeding
weight
width
limits
provided
proper
authorities
take
necessary
steps
enforce
law
use
bridges
case
comes
appeal
section
judicial
code
amended
trial
rested
decision
statute
unreasonably
burdens
interstate
commerce
upon
findings
assailed
large
amount
motortruck
traffic
passing
interstate
southeastern
part
normally
pass
highways
south
carolina
barred
state
challenged
restrictions
enforced
upon
conclusion
viewed
light
effect
upon
interstate
commerce
restrictions
unreasonable
reach
conclusion
weighed
conflicting
evidence
made
determinations
weight
width
motortrucks
commonly
used
interstate
traffic
capacity
specified
highways
state
accommodate
traffic
without
injury
danger
users
found
interstate
carriage
motortrucks
become
national
industry
per
cent
motor
trucks
used
interstate
transportation
inches
wide
gross
weight
loaded
tons
four
prescribe
gross
load
weight
low
pounds
american
association
state
highway
officials
national
conference
street
highway
safety
department
commerce
recommended
adoption
weight
width
limitations
weight
limited
axle
loads
pounds
width
limited
inches
found
detail
compliance
weight
width
limitations
demanded
south
carolina
act
seriously
impede
motortruck
traffic
passing
state
increase
cost
miles
state
highways
including
affected
injunction
standard
construction
concrete
concrete
base
asphalt
surface
inches
thick
edges
inches
thick
center
capable
sustaining
without
injury
wheel
load
pounds
axle
load
double
amounts
depending
whether
wheels
equipped
pneumatic
tires
miles
specified
highways
feet
width
constitute
connected
system
highways
improved
aid
federal
money
grants
part
national
system
highways
constitute
one
best
highway
systems
southeastern
part
also
found
gross
weight
vehicles
factor
considered
preservation
concrete
highways
appropriate
factor
considered
wheel
axle
weight
vehicles
engaged
interstate
commerce
designed
pressure
weight
distributed
wheels
axles
gross
loads
pounds
carried
concrete
roads
without
damage
surface
gross
weight
limitation
amount
especially
applied
semitrailer
motortrucks
unreasonable
means
preserving
highways
reasonable
relation
safety
public
using
highways
width
limitation
inches
reasonable
applied
standard
concrete
highways
state
view
fact
permit
width
inches
standard
width
trucks
engaged
interstate
commerce
reaching
conclusions
time
holding
weight
width
limitations
infringe
fourteenth
amendment
proceeded
upon
assumption
commerce
clause
const
art
cl
imposes
upon
state
regulations
secure
safe
economical
use
highways
standard
reasonableness
exacting
applied
interstate
traffic
required
fourteenth
amendment
traffic
standard
weight
width
motor
vehicles
appropriate
state
regulation
applied
intrastate
traffic
may
prohibited
effect
interstate
commerce
although
conditions
attending
two
classes
traffic
respect
safety
protection
highways
south
carolina
built
highways
owns
maintains
received
federal
government
aid
highway
improvements
money
grants
expended
upon
highways
injunction
applies
appellees
challenge
ruling
district
congress
undertaken
regulate
weight
size
motor
vehicles
interstate
motor
traffic
left
undisturbed
whatever
authority
regard
retained
constitution
constitutional
grant
congress
power
regulate
interstate
commerce
held
operate
force
curtail
state
power
forestall
state
action
affecting
interstate
commerce
ever
since
willson
black
bird
creek
marsh
pet
cooley
board
port
wardens
recognized
matters
local
concern
regulation
unavoidably
involves
regulation
interstate
commerce
local
character
number
diversity
may
never
fully
dealt
congress
notwithstanding
commerce
clause
regulation
absence
congressional
action
part
left
decisions
subject
applicable
constitutional
restraints
commerce
clause
force
prohibits
discrimination
interstate
commerce
whatever
form
method
decisions
recognized
scope
like
operation
state
legislation
nominally
local
concern
point
fact
aimed
interstate
commerce
necessary
operation
means
gaining
local
benefit
throwing
attendant
burdens
without
state
robbins
shelby
county
taxing
district
caldwell
north
carolina
end
practices
commerce
clause
adopted
see
gibbons
ogden
wheat
brown
maryland
wheat
cooley
board
port
wardens
supra
state
freight
tax
case
wall
state
tax
railway
gross
receipts
wall
cook
pennsylvania
maine
grand
trunk
baldwin
seelig
ii
farrand
records
federal
convention
iii
farrand
records
federal
convention
federalist
xlii
curtis
history
constitution
story
constitution
commerce
clause
also
thought
set
limitation
upon
state
control
interstate
rail
carriers
preclude
subordination
efficiency
convenience
interstate
traffic
local
service
requirements
present
case
affords
occasion
saying
bare
possession
power
congress
regulate
interstate
traffic
forces
conform
standards
congress
might
adopted
curtails
power
take
measures
insure
safety
conservation
highways
may
applied
like
traffic
moving
intrastate
subjects
state
regulation
peculiarly
local
concern
use
state
highways
local
regulation
inseparable
substantial
effect
interstate
commerce
unlike
railroads
local
highways
built
owned
maintained
state
municipal
subdivisions
state
primary
immediate
concern
safe
economical
administration
present
regulations
others
like
purpose
accomplish
end
must
applied
alike
interstate
intrastate
traffic
moving
large
volume
highways
fact
affect
alike
shippers
interstate
intrastate
commerce
large
number
within
well
without
state
safeguard
abuse
beginning
recognized
state
sees
fit
build
maintain
highways
canals
railroads
absence
congressional
action
regulation
peculiarly
within
competence
even
though
interstate
commerce
materially
affected
minnesota
rate
cases
simpson
shepard
congress
acting
state
regulation
intrastate
carriers
upheld
regardless
effect
upon
interstate
commerce
id
respect
extent
nature
local
interests
protected
unavoidable
effect
upon
interstate
intrastate
commerce
alike
regulations
use
highways
akin
local
regulation
rivers
harbors
piers
docks
quarantine
regulations
game
laws
congress
acting
sustained
even
though
materially
interfere
interstate
commerce
nature
authority
state
highways
often
pointed
may
guise
regulation
discriminate
interstate
commerce
absence
national
legislation
especially
covering
subject
interstate
commerce
state
may
rightly
prescribe
uniform
regulations
adapted
promote
safety
upon
highways
conservation
use
applicable
alike
vehicles
moving
interstate
commerce
citizens
morris
duby
formulation
repeatedly
affirmed
clark
poor
sprout
south
bend
sproles
binford
cf
morf
bingaman
never
disapproved
often
sustained
exercise
power
although
burdened
impeded
interstate
commerce
upheld
weight
limitations
lower
presently
imposed
applied
alike
motor
traffic
moving
interstate
intrastate
morris
duby
supra
sproles
binford
supra
restrictions
favoring
passenger
traffic
carriage
interstate
merchandise
truck
similarly
sustained
sproles
binford
supra
bradley
public
utilities
commission
ohio
exaction
reasonable
fee
use
highways
hendrick
maryland
kane
new
jersey
interstate
busses
blodgett
morf
bingaman
supra
cf
ingels
morf
cases
regulation
involves
burden
interstate
commerce
long
state
action
discriminate
burden
one
constitution
permits
inseparable
incident
exercise
legislative
authority
constitution
left
congress
exercise
plenary
power
regulate
interstate
commerce
may
determine
whether
burdens
imposed
state
regulation
otherwise
permissible
great
may
legislation
designed
secure
uniformity
respects
protect
national
interest
commerce
curtail
extent
state
regulatory
power
legislative
judicial
function
performed
light
congressional
judgment
appropriate
regulation
interstate
commerce
extent
field
state
power
local
interests
required
yield
national
authority
interest
absence
legislation
judicial
function
commerce
clause
const
art
cl
well
fourteenth
amendment
stops
inquiry
whether
state
legislature
adopting
regulations
present
acted
within
province
whether
means
regulation
chosen
reasonably
adapted
end
sought
sproles
binford
supra
stephenson
binford
first
inquiry
already
resolved
decisions
state
may
impose
nondiscriminatory
restrictions
respect
character
motor
vehicles
moving
interstate
commerce
safety
measure
means
securing
economical
use
highways
resolving
second
courts
sit
legislatures
either
state
national
act
congress
weighing
conflicting
interests
state
national
determines
much
state
regulatory
power
shall
yield
larger
interests
national
commerce
reviewing
state
highway
regulation
congress
acted
called
upon
state
legislatures
determine
judgment
suitable
restriction
applied
possible
choose
one
opinion
best
adapted
diverse
interests
affected
parkersburg
river
transp
parkersburg
action
legislature
within
scope
power
fairly
debatable
questions
reasonableness
wisdom
propriety
determination
courts
legislative
body
rests
duty
responsibility
decision
jacobson
massachusetts
laurel
hill
cemetery
san
francisco
price
illinois
hadacheck
sebastian
thos
cusack
chicago
euclid
ambler
realty
zahn
board
public
works
standard
oil
marysville
equally
case
legislative
power
one
may
legitimately
place
incidental
burden
interstate
commerce
less
legislative
power
committed
affects
interstate
commerce
courts
entitled
interstate
commerce
affected
substitute
legislative
judgment
morris
duby
supra
sproles
binford
supra
minnesota
rate
cases
supra
smith
louis
reid
colorado
new
york
ex
rel
silz
hesterberg
since
adoption
one
weight
width
regulation
rather
another
legislative
judicial
choice
constitutionality
determined
weighing
judicial
scales
merits
legislative
choice
rejecting
weight
evidence
presented
appears
favor
different
standard
cf
worcester
county
trust
riley
legislative
judgment
presumed
supported
facts
known
legislature
unless
facts
judicially
known
proved
preclude
possibility
hence
reviewing
present
determination
examine
record
see
whether
findings
supported
evidence
ascertain
upon
whole
record
whether
possible
say
legislative
choice
without
rational
basis
standard
oil
marysville
supra
borden
farm
products
ten
eyck
record
fail
exclude
possibility
shows
affirmatively
adequate
support
legislative
judgment
outset
noted
underlying
much
controversy
relative
merit
gross
weight
limitation
axle
wheel
weight
limitation
evidence
weight
stresses
concrete
roads
determined
wheel
rather
gross
load
weights
elements
enter
choice
type
weight
limitation
testimony
show
axle
wheel
weight
limitation
easily
enforced
resort
weighing
devices
adapted
ascertaining
readily
axle
wheel
weight
appears
practice
weight
truck
loads
evenly
distributed
axles
wheels
commonly
larger
part
much
per
rear
axle
much
easier
load
trucks
make
certain
complied
gross
load
weight
limitation
axle
wheel
weight
limitation
report
national
conference
state
highway
safety
relied
suggested
wheel
weight
limitation
pounds
also
suggested
gross
weight
limitation
might
adopted
subject
recommended
wheel
limitation
conference
declined
fix
amount
gross
weight
limitation
saying
view
varying
conditions
traffic
lack
uniformity
highway
construction
several
uniform
limitations
recommended
general
adoption
throughout
country
choice
weight
limitation
based
convenience
application
consequent
lack
need
rigid
supervisory
enforcement
legislature
say
preference
one
sense
arbitrary
unreasonable
choice
condemned
legislature
prefers
workable
standard
less
likely
violated
another
violations
probably
increased
easily
detected
legislature
say
whether
one
test
practical
operation
better
protect
highways
risk
excessive
loads
gross
load
weight
adopted
test
obvious
permissible
load
must
somewhat
lighter
axle
wheel
weight
test
applied
latter
gross
weight
loaded
motortruck
never
exceed
twice
axle
four
times
wheel
limit
fact
rear
axle
may
often
support
much
per
cent
gross
load
wheel
weight
like
proportion
requires
gross
load
limit
fixed
considerably
less
four
times
permissible
wheel
limit
testimony
support
conclusion
highways
question
capable
sustaining
without
injury
wheel
load
pounds
difference
depending
upon
character
tire
use
wheel
load
much
pounds
possible
statutory
load
limit
pounds
applied
motortrucks
approximates
axle
limit
addition
gross
load
limit
recommended
national
conference
street
highway
safety
much
testimony
appears
based
theoretical
strength
concrete
highways
laid
ideal
conditions
none
based
actual
study
highways
south
carolina
subgrade
road
building
conditions
prevail
material
bearing
strength
durability
highways
uncontradicted
testimony
approximately
per
cent
south
carolina
standard
paved
highways
question
built
without
longitudinal
center
joint
since
become
standard
practice
portion
concrete
surface
adjacent
joint
strengthened
reinforcement
increasing
thickness
owing
distribution
stresses
concrete
roads
use
without
center
joint
tendency
develop
irregular
longitudinal
cracks
concrete
center
roads
thinner
edges
result
highway
split
two
irregular
segments
weak
inner
edge
according
expert
testimony
capable
supporting
indefinitely
wheel
loads
excess
pounds
little
record
mark
controlling
distinction
application
gross
load
weight
limitation
motortruck
semitrailer
motortruck
testimony
applicable
types
vehicle
case
accident
danger
momentum
colliding
vehicle
increases
gross
load
weight
record
without
convincing
evidence
actual
distribution
practice
gross
load
weight
wheels
axles
permissible
types
simitrailer
motortrucks
enable
us
say
legislature
without
substantial
ground
concluding
relative
advantages
gross
load
wheel
weight
limitation
substantially
two
types
concluded
nearly
alike
regulatory
purposes
justify
adoption
single
standard
matter
practical
convenience
even
legislature
accept
appellees
assumption
net
load
weights
practice
evenly
distributed
wheels
supporting
load
permissible
semitrailer
statutory
gross
load
limit
load
rear
axle
pounds
might
seen
also
conclude
danger
point
reached
case
miles
concrete
state
roads
constructed
without
center
joint
considerations
presumption
constitutionality
afford
adequate
support
weight
limitation
without
reference
items
testimony
tending
support
furthermore
south
carolina
experience
ignored
adoption
limitation
south
carolina
experience
higher
weight
limits
adopted
combined
gross
weight
limit
pounds
vehicles
four
wheels
less
axle
weight
limit
pounds
adopted
combined
gross
weight
limit
tons
axle
weight
limit
vehicles
two
axles
act
march
stat
act
march
large
pp
appointed
commission
investigate
motor
transportation
state
recommend
legislation
report
present
weight
limitation
recommended
commission
full
consideration
relevant
data
including
report
state
engineer
constructed
concrete
highways
state
advised
somewhat
lower
limitation
necessary
preservation
fact
many
adopted
different
standard
persuasive
conditions
highways
must
built
several
construction
demands
made
upon
uniform
road
building
art
record
shows
far
attained
scientific
certainty
precision
scientific
precision
criterion
exercise
constitutional
regulatory
power
sproles
binford
supra
legislature
free
exercise
judgment
bound
legislatures
hardly
contended
adopted
single
standard
none
light
experience
exercise
judgment
upon
complex
elements
enter
problem
change
word
need
said
width
limitation
large
part
highways
question
feet
width
approximately
miles
feet
wide
use
truck
leaves
narrow
margin
passing
road
feet
wide
leaves
none
limitation
force
south
carolina
since
concrete
highways
built
appear
adopted
vehicles
width
record
shows
without
contradiction
use
heavy
loaded
trucks
highways
tends
force
traffic
concrete
surface
onto
shoulders
road
adjoining
edges
increase
repair
costs
materially
appears
also
width
trucks
increased
obstructs
view
highway
causing
much
inconvenience
increased
hazard
use
plainly
said
width
trucks
used
highways
south
carolina
unrelated
safety
cost
maintenance
width
limitation
adopted
safeguard
highways
state
within
range
permissible
legislative
choice
regulatory
measures
taken
south
carolina
within
legislative
power
infringe
fourteenth
amendment
resulting
burden
interstate
commerce
forbidden
reversed
justice
cardozo
justice
reed
took
part
consideration
decision
case
footnotes
person
shall
operate
highway
motor
truck
truck
sic
whose
gross
weight
including
load
shall
exceed
pounds
person
shall
operate
highway
motor
truck
motor
truck
whose
total
outside
width
including
part
body
load
shall
exceed
inches
state
regulations
affecting
interstate
commerce
whose
purpose
effect
gain
within
state
advantage
expense
without
burden
state
without
corresponding
advantage
within
thought
impinge
upon
constitutional
prohibition
even
though
congress
acted
hall
de
cuir
wabash
illinois
bowman
chicago
western
union
telegraph
james
compare
western
union
telegraph
pendleton
packing
haydel
compare
geer
connecticut
new
york
ex
rel
silz
hesterberg
baldwin
seelig
see
western
union
telegraph
kansas
et
underlying
stated
rule
thought
often
expressed
judicial
opinion
regulation
character
burden
falls
principally
upon
without
state
legislative
action
likely
subjected
political
restraints
normally
exerted
legislation
affects
adversely
interests
within
state
see
cooley
board
port
wardens
gilman
philadelphia
wall
escanaba
transp
chicago
lake
shore
ohio
ex
rel
lawrence
cf
pound
turck
gloucester
ferry
pennsylvania
robbins
shelby
county
taxing
district
supra
see
illinois
central
illinois
cleveland
illinois
mississippi
comm
illinois
central
atlantic
coast
line
wharton
herndon
chicago
chicago
railroad
comm
wisconsin
louis
san
francisco
public
service
comm
missouri
compare
gladson
minnesota
lake
shore
ohio
ex
rel
lawrence
gulf
texas
statutes
requiring
local
service
greater
necessary
fair
accommodation
local
needs
held
constitutional
although
usually
allowed
impose
burdens
interstate
railroads
interest
local
safety
smith
alabama
nashville
alabama
new
york
new
york
chicago
arkansas
louis
arkansas
cf
hennington
georgia
unnecessarily
harsh
restriction
even
though
interest
safety
held
unconstitutional
seaboard
air
line
ry
blackwell
among
state
regulations
materially
affecting
interstate
commerce
upheld
congress
acting
sanction
obstructions
navigable
rivers
willson
black
bird
creek
marsh
pet
ex
parte
mcniel
wall
pound
turck
wilson
mcnamee
huse
glover
cf
sands
manistee
river
improvement
approve
erection
bridges
navigable
streams
gilman
philadelphia
wall
escanaba
transp
chicago
cardwell
american
river
bridge
willamette
iron
bridge
hatch
lake
shore
ohio
require
payment
fees
incident
use
harbors
cooley
board
port
wardens
pacific
mail
joliffe
wall
anderson
pacific
coast
clyde
mallory
lines
alabama
ex
rel
state
docks
cf
county
mobile
kimball
control
location
docks
cummings
chicago
impose
wharfage
charges
keokuk
northern
line
packet
keokuk
cincinnati
packet
catlettsburg
parkersburg
river
transp
parkersburg
ouachita
river
packet
aiken
establish
inspection
quarantine
laws
turner
maryland
morgan
louisiana
louisiana
board
health
patapsco
guano
north
carolina
board
agriculture
rasmussen
idaho
smith
louis
reid
colorado
new
mexico
ex
rel
mclean
denver
asbell
kansas
red
oil
mfg
board
agriculture
savage
jones
pure
oil
minnesota
mintz
baldwin
cf
hannibal
husen
minnesota
barber
brimmer
rebman
regulate
taking
exportation
domestic
game
geer
connecticut
new
york
ex
rel
silz
hesterberg
cf
packing
haydel
holding
invalid
local
regulation
ostensibly
designed
conserve
natural
resource
whose
purpose
effect
benefit
louisiana
enterprise
expense
businesses
outside
state