Today in Supreme Court History: January 31

Brotherhood of Locomotive Engineers v. Chicago, Rock Island & Pacific R.R. Co., 382 U.S. 423 (decided January 31, 1966): Arkansas statute regulating size of train crews survives Dormant Commerce Clause attack (it in effect applied only to intrastate lines)

United States v. Shubert, 348 U.S. 222 (decided January 31, 1955): theatrical productions are “interstate commerce” subject to Sherman Act (defendant produced the shows + booked them + operated the theaters, which even defendant admitted could amount to violation)

West River Bridge Co. v. Dix, 47 U.S. 507 (decided January 31, 1848): power of eminent domain supersedes prohibition on impairing contracts (art. I, §10) (state allowed company to build bridge over river and collect tolls for 100 years; 44 years later paid it off with a lump sum and turned it into a free bridge; company didn’t like that)

Railway Express Agency v. People of the State of New York, 336 U.S. 106 (decided January 31, 1949): upholding against Equal Protection attack New York City regulation forbidding vehicles used only for advertising display (in the 1990’s you’d see trucks going around midtown advertising “gentleman’s clubs”; they looked like mobile billboards but they did have a minimum amount of cargo space inside (for the dancers?))

Kovacs v. Cooper, 336 U.S. 77 (decided January 31, 1949): on the same day, upholding for the same reason (public safety) Trenton, N.J. regulation prohibiting “loud and raucous” sound trucks

Prince v. Massachusetts, 321 U.S. 126 (decided January 31, 1944): tax deductions must be construed narrowly (here, a deduction on excise taxes on tires for tax already paid on raw materials did not also apply to taxes paid on “partly processed” materials; Black parses the code sections and reviews legislative history) (I didn’t know until I read this case that cotton used to be an ingredient in tires)