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State and Local Government Law

Journal

University of Michigan Law School

1938

Barnwell Bros. Inc. v. South Carolina State Highway Dept.

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Full-Text Articles in Law

Interstate Commerce - Constitutionality Of Weight And Size Limitations Of Motor Carriers - Commerce Clause And Due Process Clause, Donald H. Larmee Jan 1938

Interstate Commerce - Constitutionality Of Weight And Size Limitations Of Motor Carriers - Commerce Clause And Due Process Clause, Donald H. Larmee

Michigan Law Review

The District Court for the Eastern District of South Carolina had recently before it a well-presented case, Barnwell Bros. Inc. v. South Carolina State Highway Dept., involving the authority of the state to regulate the size and weight of motor vehicles operating on South Carolina's highways. The South Carolina statute in question limited the width of motor trucks (including semitrailers) to ninety inches, and their gross weight 4 to 20,000 pounds. The validity of this statute was challenged upon three distinct grounds: (1) that it was a denial of due process guaranteed by the Fourteenth Amendment; (2) that the …