United States v. Maher - 307 U.S. 148 (1939)
U.S. Supreme Court
United States v. Maher, 307 U.S. 148 (1939)
United States v. Maher
Argued February 6, 1939
Decided April 17, 1939
307 U.S. 148
1. The Interstate Commerce Commission denied an application of a common carrier by motor vehicle for a certificate of public convenience and necessity authorizing him to operate over a designated route, and ordered him to cease operating, holding inapplicable to his case a provision of § 206(a) of the Motor Carrier Act, upon which he relied, whereby carriers in bona fide operation on
June 1, 1935, and since are relieved from further proof of public convenience and necessity. Held that the construction of the Act in this ruling is reviewable by suit in the District Court to set aside and annul the order. P. 307 U. S. 152.
2. Under § 206(a) of the Motor Carrier Act of 1935, a carrier who was in bona fide operation as a common carrier by motor vehicle on June 1, 1935, over the route or routes or within the territory for which application is made and has so operated since that time is entitled to a certificate of public convenience and necessity without further proof that public convenience and necessity will be served by such operation. Held inapplicable where operation over the route applied for, between fixed termini, began in May, 1936, whereas the previous operation was an "anywhere for hire" service that was abandoned when the new route was instituted. P. 307 U. S. 154.
3. Where an application for a certificate based solely upon the exception in § 206(a) of the Motor Carrier Act is found unsupported by the evidence, the Commission is not obliged to inquire whether it should be allowed under the general provisions of § 207(a). P. 307 U. S. 156.
23 F.Supp. 810, reversed.
Appeal from a decree of the District Court of three judges which set aside an order of the Interstate Commerce Commission denying an application for a certificate under the Motor Carrier Act and commanding the applicant to cease and desist from operating.