is no federal act
dealing with the separation of races in interstate transportation, we
must decide the validity of this Virginia statute on the challenge that
it interferes with commerce, as a matter of balance between the exercise
of the local police power and the need for national uniformity in the
regulations for interstate travel. It seems clear to us that seating
arrangements for the different races in interstate motor travel require
a single, uniform rule to promote and protect national travel.
Consequently, we hold the Virginia statute in controversy invalid."
STATE REGULATION OF MOTOR VEHICLES; VALID REGULATIONS
Cases arising under this caption further illustrate the competition for
judicial recognition between the interstate commerce interest and local
interests, especially that of public safety. A new element enters the
problem, however, which lends some added weight to the claims of the
police power, the fact, namely, that motor vehicles use highways
furnished and maintained by the State.
A State is entitled to enact a comprehensive scheme for the licensing
and regulation of motor vehicles using its highways with a view to
insuring itself of reasonable compensation for the facilities afforded
and to providing adequate protection of the public safety; and such
scheme may embrace out-of-State vehicles using the State's
highways.[825] Thus legislation limiting the net loads of trucks using
the State's highways is valid;[826] as are also, in the absence of
national legislation on the subject, State regulations limiting the
weight and width of the vehicles themselves, provided such regulations
are applied without discrimination as between vehicles moving in
interstate commerce and those operating only intrastate.[827] Likewise,
a State may deny a certificate of public convenience and necessity to
one desiring to operate a common carrier over a particular highway to an
out-of-State destination in an adjacent State, on the ground that the
specified route is already congested. So it was held in Bradley _v._
Public Utilities Commission of Ohio,[828] in which the Court took
cognizance of the full hearing accorded the appellant, and of his
failure to choose another route, although he was at liberty to do so.
And in Maurer _v._ Hamilton a Pennsylvania[829] statute prohibiting the
operation over its highways of any motor vehicle carrying any other
vehicle over the head of the operator was upheld in the absence of
|