United States Supreme Court Cases & Opinions

U.S. Supreme Court

George W. Bush & Sons Co. v. Malloy, 267 U.S. 317 (1925)

George W. Bush & Sons Company v. Malloy

No. 185

Argued January 16, 1925

Decided March 2, 1925

267 U.S. 317

Syllabus

1. A statute of Maryland, 1922, c. 401, prohibits common carriers of merchandise or freight by motor vehicle from using public highways over specified routes without a permit; requires a Commission to investigate the expediency of granting a permit when applied for, and authorizes it to refuse if it deems the granting of the permit prejudicial to the welfare and convenience of the public. Held unconstitutional as applied to one desirous of using the highways as a common carrier in exclusively interstate commerce. Buck v. Kuykendall, ante, p. 267 U. S. 307. P. 267 U. S. 323.

2. The facts that the highways here in question were not constructed or improved with federal aid, and that refusal of the permit is not mandatory under the statute, but in exercise of a broad discretion vested in the Commission, do not affect this conclusion. P. 267 U. S. 324.

143 Md. 570 reversed.

Page 267 U. S. 318

Error to a judgment of the court of appeals of Maryland which affirmed a judgment dismissing a bill for an injunction.

Page 267 U. S. 323