Attorney(s) appearing for the Case
Messrs. Burton Mason and J. Carter Fort argued the cause, and Messrs. Cleon T. Knapp and C.W. Durbrow were with Mr. Mason on the brief, for appellant.
Messrs. Harold N. McLaughlin and Harold C. Heiss argued the cause, and Joe Conway, Attorney General of Arizona, Earl Anderson, Assistant Attorney General, and Mr. Charles L. Strouss were with Mr. McLaughlin on the brief, for appellee.
Mr. Robert L. Stern, with whom Solicitor General Fahy and Mrs. Carolyn R. Just were on the brief, for the United States, as amicus curiae, urging reversal.
Messrs. J. Carter Fort and Thomas Reed Powell filed a brief on behalf of the Association of American Railroads, as amicus curiae, urging reversal.
Supreme Court of United States.
MR. CHIEF JUSTICE STONE delivered the opinion of the Court.
The Arizona Train Limit Law of May 16, 1912, Arizona Code Ann., 1939, § 69-119, makes it unlawful for any person or corporation to operate within the state a railroad train of more than fourteen passenger or seventy freight cars, and authorizes the state to recover a money penalty for each violation of the Act. The questions for decision are whether Congress has, by legislative enactment, restricted...
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