In the case of George W. Bush & Sons Company v. Maloy et al., constituting the Public Service Commission of Maryland, 1924, the Supreme Court was tasked with determining whether a state could regulate rates for interstate commerce conducted by ferries operating within its boundaries. The George W. Bush & Sons Company operated a ferry service between Baltimore and Philadelphia and argued that as an interstate operation, it should not be subject to regulation by Maryland's Public Service Commission (PSC). However, PSC contended that since part of their operations took place in Maryland waters they had jurisdiction over them. The Supreme Court ruled in favor of PSC stating that while Congress has exclusive authority over interstate commerce under the Commerce Clause, states can exercise control when such activities take place within their borders unless federal law preempts this power or if it places an undue burden on interstate commerce. In this case neither condition applied hence upholding PSC’s right to regulate rates charged by ferries operating within its territorial waters even though they were engaged in interstate trade.

In the dissenting opinion for George W. Bush & Sons Company v. Maloy et al., it was argued that the Public Service Commission of Maryland did not have jurisdiction over interstate commerce, and therefore could not regulate rates charged by a private wharf company for services rendered to vessels engaged in such commerce. The dissenting justices believed that only Congress had this power under the Commerce Clause of the Constitution, and any attempt by a state agency to exert control over these matters would be unconstitutional. They also disagreed with the majority's interpretation of previous case law on this issue, arguing instead that those cases supported their view that states cannot interfere with or regulate interstate commerce in any way without express permission from Congress.