Clark v. Poor,
274 U.S. 554 (1927)

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U.S. Supreme Court

Clark v. Poor, 274 U.S. 554 (1927)

Clark v. Poor

No. 275

Argued April 19, 1927

Decided May 31, 1927

274 U.S. 554


1. A final judgment of the district court, three judges sitting, which dismisses a bill challenging the constitutionality of a state statute and seeking to enjoin its enforcement, is reviewable in this Court, on appeal under Jud.Code § 266, as amended by Act of February 13, 1925, when an interlocutory injunction had been applied for and a restraining order issued. P. 274 U. S. 556.

2. A state regulation providing that, before operating over the state highways, a common carrier by motor shall apply for and obtain a certificate or permit therefor from a state commission and shall pay an extra tax for the maintenance and repair of the highways and for the administration and enforcement of the laws governing their use is constitutional though applied to carriers engaged exclusively in interstate commerce. P. 274 U. S. 556.

3. That the tax so exacted is not all used for maintenance and repair of the highways, but some of it for defraying expenses of the commission in administration and enforcement of the act and some for other purposes, is no concern of the taxpayer, it being assessed for a proper purpose, and not unreasonable in amount. P. 274 U. S. 557.

Page 274 U. S. 555

4. An additional provision that no certificate should issue until a policy covering liability and cargo insurance had been filed with the commission is not a ground for complaint in this case, even if it be unconstitutional in its application to the plaintiffs as interstate carriers, since there are other provisions declaring that the act shall apply to interstate commerce only insofar as permitted by the federal Constitution and that the invalidity of any part shall not affect any other part, and since the requirement of such insurance was not the ground for plaintiffs' refusal to apply for the certificate or pay the tax, and was waived by the defendant commission in this Court. P. 274 U. S. 557.


Appeal from a decree of the district court dismissing a bill to enjoin the defendants, constituting the Public Utilities Commission of Ohio, from enforcing against Clark and Riggs, interstate carriers by motor, provisions of the Ohio Motor Transportation Act.

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