United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wilmington Transp. Co. v. California R. Comm'n, 236 U.S. 151 (1915)

Wilmington Transportation Company v.

Railroad Commission of the State of California

No. 369

Argued December 15, 16, 1914

Decided February 1, 1915

236 U.S. 151

Syllabus

The mere existence of federal power does not, while dormant, preclude the reasonable exercise of state authority as to those matters of interstate or foreign commerce which are distinctly local in character in order to meet the needs of suitable local protection until Congress does act.

Congress may regulate interstate transportation by ferry as well as other interstate commercial intercourse, but, until it does, a state may prevent unreasonable charges for ferriage from a point of departure within its borders.

A state may, in the absence of any action by Congress, prevent through proper orders of its Railroad Commission, exorbitant charges for transportation having both origin and termination within the state and none of it being within any other state, although a part of it may be over the high seas.

166 Cal. 741 affirmed.

The facts, which involve the power of the State Railroad Commission of California to regulate rates of transportation

Page 236 U. S. 152

between intrastate points where part of the transportation is on the high seas, are stated in the opinion.