City of Chicago v. Atchison, Topeka & Santa Fe Railway Co.

Mr. Justice Harlan, whom Mr. Justice Frankfurter and Mr. Justice Burton join,

dissenting.

In my opinion the Court has acted prematurely in striking down this Chicago ordinance as it relates to Transfer. I accept the premise that the railroads have the right to choose whom they please to perform the transfer services, subject only to the City’s right to regulate how transfer vehicles shall be operated. Nevertheless, the validity of the ordinance should not be determined until Transfer has applied to Chicago for a “terminal” license and the local authorities have had an opportunity to act on the…