Tamiami Trail Tours, Inc. v. Georgia Public Service Commission
Tamiami Trail Tours, Inc. v. Georgia Public Service Commission
Opinion of the Court
The plaintiffs in error contend that the Commission was without authority to transfer the certificate of Southeastern Motor Lines, authorizing it to operate between Macon and Barnesville, to Atlantic Stages. In 1950, Southeastern leased its rights under the certificate to Miller Bus Line. Miller’s rights to operate under the certificate were suspended by the Commission in 1952. In January, 1956, Miller having voluntarily relinquished any rights he may have had to the certificate, the Commission reinstated and reissued the certificate
Code (Ann. Supp.) § 68-609 provides that “No certificate or authority shall be granted to an applicant proposing to operate over the route of any holder of a certificate or authority when the public convenience and necessity with respect to such route is being adequately served by such certificate or authority holder; and no certificate or authority shall be granted to an applicant proposing to operate over the route of any holder of a certificate or authority unless and until it shall be proved to the satisfaction of the Commission that the service rendered by such certificate or authority holder, over the said route, is inadequate to the public needs; and if the Commission shall be of opinion that the service rendered by such certificate or authority holder over the said route is in any respect inadequate to the public needs, such certificate or authority holder shall be given reasonable time and opportunity to remedy such inadequacy before any certificate or authority shall be granted to an applicant proposing to operate over such route.” The plaintiffs in error contend that they were not given the opportunity to remedy any existing inadequacy in service in this case as is required by this Code section, and in answer thereto Atlantic says that its proposed route is not over the route of either of them.
Greyhound’s certificate authorizes it to operate from Macon to Atlanta over U. S. Highway 41, running through Forsyth, Barnesville, Griffin and Jonesboro. Atlantic’s application is for
The quoted section of our Code above is an adoption of a Virginia statute. The Supreme Court of Appeals of Virginia, in Virginia Stage Lines, Inc. v. Commonwealth, 186 Va. 1066, 1076 (45 S. E. 2d 318), in construing the meaning of the word “route” as used in its statute, said: “In Webster’s New International Dictionary, 2d Ed., Unabridged, ‘route’ is defined as: ‘the course or way which is or is to be travelled or pursued; a course; road; path; march.’ ‘Territory’ is defined as: 'a large estate or tract of land; a region, a district.’ A ‘route’ is a direction of travel from one place to another. It may be over one or more named or numbered highways or paths. A ‘highway’ is a road for travel, and may be a portion of one or more different routes. When numbered or named as a highway running from one point to another, it becomes a route. . . Carriers are not certified to operate in a certain ‘territory,’ but over a designated ‘route.’ The ‘route’, that is, the road to' be travelled, serves the ‘region’, ‘district’, or ‘territory’, adjacent to it. The words ‘territory’ and ‘route’ are not synonymous in general meaning.”
Since that decision, the Virginia statute has been amended to provide that the word “route”, when used in connection with a question of necessity and convenience, means the highway or road, or segment thereof, operated over by the holder of a certificate. See Atlantic Greyhound Corp. v. Commonwealth, 196 Va. 183 (83 S. E. 2d 379). This amendment merely wrote into the statute what the court had held. At the time of the adoption of this portion of the Code section by the Georgia legislature in 1950, the Virginia statute as originally enacted was in effect,
We are of the opinion that the word “route”, as used in our statute, means the particular highway or road, or series of highways or roads, over which a carrier is authorized by the Commission to operate its vehicles between terminal points. Since the proposed route was not the same as that used by Greyhound, that company was not entitled to notice and opportunity to remedy inadequate service as required by the Code section.
It appears from the record that Continental Crescent Lines has a certificate to operate bus service over a portion of the same route proposed by Atlantic, i.e., between Griffin, Fayetteville and Atlanta, and makes one round-trip run each week over the route. Tamiami contends in this court that, because Continental Cres
The plaintiffs in error contend that there is no¡ evidence in the record to support the finding of the Commission that Atlantic has proved public convenience and necessity as to its application for a certificate to operate between Barnesville and Griffin and its other application to- operate between Griffin and Atlanta. No common carrier shall operate without first obtaining from the Commission, after hearing, a certificate of public convenience and necessity, “pursuant to findings to the effect that the public interest requires such operation.” Code § 68-604. In determining whether the public interest requires the service and whether the certificate shall be granted, the Commission is directed by statute to consider the five subjects set out in Code (Ann. Supp.) § 68-609. While these provisions are only directory or advisory, and it is not mandatory that each be proved before the Commission is authorized to grant a certificate (Petroleum Carrier Corp. v. Davis, 210 Ga. 568, 570, 81 S. E. 2d 805), we recognize that this is a pronouncement by the General Assembly of principles of law generally accepted as elements of proof of public convenience and necessity.
This court will not substitute its own discretion or judgment for that of the Public Service Commission, nor will it interfere with a valid order of the Commission unless it be clearly shown that the order is unreasonable, arbitrary or capricious. Atlanta Motor Lines v. Georgia Public Service Commission, 211 Ga. 698 (1) (88 S. E. 2d 387). If there is any evidence to support the action of the Commission in granting the certificates in this case, we would not be authorized to interfere therewith.
Many witnesses testified that the people living on Atlantic’s
However, there is no evidence in this record that supports the order of the Commission authorizing additional service at Barnesville and Griffin, the two points where the proposed route crosses the existing routes on which certificates are held by the plaintiffs in error and by the Central of Georgia Railway Company, which furnishes passenger service with its streamlined train, the “Nancy Hanks”. The evidence is undisputed that the service at both Griffin and Barnesville north to Atlanta and south to Macon is not only adequate to meet the needs of the public but is more than adequate. Only recently the Commission permitted Greyhound to discontinue two of its daily schedules
Code § 68-523 provides as follows: “The Commission is hereby authorized to adopt, after reasonable notice and hearing thereon, such rules and orders as it may deem necessary in the enforcement of the provisions of this Chapter. Such rules and orders so approved by the Commission shall have the same dignity and standing as if such rules and orders were specifically provided in this Chapter.” Code § 93-501 provides in part that “The Public Service Commission shall prescribe the rules of procedure and for taking of evidence in all matters that may come before it. In the investigation, preparation and hearing of cases, the Commission shall not be bound by the strict technical rules of pleading and evidence, but it may exercise such discretion as will facilitate its efforts to ascertain the facts bearing upon the right and justice of the matters before it.” Rule 91 of the Commission provides in part as follows: “Upon the hearing of all cases that may come before the Commission the respective parties may present their testimony, either written or oral, or by affidavits. All affidavits intended to be offered by either party shall be served upon the opposite party, his counsel or agent hav
It is an established rule of evidence in this State that, in a judicial trial in a court of law, where evidence is finally adjudicated and final judgments are rendered, ex parte affidavits are inadmissible, and their admission in such a case over proper objection constitutes reversible error. Camp v. Camp, 213 Ga. 65 (97 S. E. 2d 125). The Public Service Commission is an administrative body, created by the General Assembly and invested by that body with certain powers and duties in the regulation of motor common carriers. It does not possess legislative powers, but perfonns quasi-legislative functions by virtue of the express powers conferred upon it by the General Assembly. Zuber v. Southern Ry. Co., 9 Ga. App. 539 (71 S. E. 937); Southern Ry. Co. v. Melton, 133 Ga. 277 (65 S. E. 665). The question in this case is whether, under the authority conferred upon the Commission under the Code sections, supra, the Commission may lawfully adopt a rule permitting the introduction in- evidence before it of ex parte affidavits.
Under the statute, the Commission is not bound by the strict technical rules of pleading and evidence. It has been recognized by this court and by the courts of other jurisdictions that an administrative body such as the Public Service Commission may, in matters which come before it for determination, perform quasi-judicial functions as well as quasi-legislative functions. The distinction between the two' types of functions has been deemed of importance because where a proceeding is judicial or quasi-judicial in nature, the parties whose rights are adjudicated are entitled to the protection afforded by judicial forms of procedure. South View Cemetery Assn. v. Hailey, 199 Ga. 478, 481
The Commission is authorized by statute to adopt rules of evidence and procedure in carrying out its duties in the administration of Chapter 68 of the Code, and is- not bound by strict rules of evidence in conducting its hearings. Code § 68-523. Similar statutes of other jurisdictions with respect to administrative agencies have been considered by the courts, and it has been generally held that the strict rules of evidence applicable in jury-trial cases are not applicable before quasi-legislative agencies. Long Beach Gas Co. v. Maltbie, 36 N. Y. S. 2d 194
Plaintiffs in error excepted to the admission in evidence of certain financial statements of Atlantic Stages based upon estimated future earnings and to the admission of a financial statement of F. L. Wilkinson, who is principal stockholder of Southern Stages, which owns the stock of Atlantic. As pointed out in division 4 above, the Commission is authorized to exercise such discretion in the admission of evidence before it as will facilitate its efforts to ascertain the facts bearing on the matter under investigation. The Commission did not abuse its discretion in permitting these statements in evidence, and their admission was not error.
The exception to the introduction into evidence in the superior court of the verified answer of the defendants is without merit. “The petition and the answer, both being verified, served the office of both pleadings and evidence on the application for injunction.” Saint Amand. v. Lehman, 120 Ga. 253 (4) (47 S. E. 949); Roberts v. Roberts, 180 Ga. 671 (3) (180 S. E. 491); Moss v. Moss, 196 Ga. 340, 346 (26 S. E. 2d 628); Kniepkamp v. Richards, 192 Ga. 509 (7) (16 S. E. 2d 24).
Tamiami objected at the interlocutory hearing to the introduction in evidence of the testimony adduced before the Commission on March 27 relative to Atlantic’s application be
Judgments affirmed in part and reversed in part.
Dissenting Opinion
dissenting. The transportation as a common carrier of persons and property for hire by motor vehicle on the public highways of this State is a business vitally affecting the rights, interest, and welfare of every citizen, and the public policy of this State requires strict regulation of this business, which regulation has been entrusted to the Georgia Public Service Commission by the Constitution and laws of this State.
The Motor Common Carriers Act of 1931 appears as Chapter 68-6 of the Code of 1933. Section 68-604 provides: “No motor common carrier shall, except as hereinafter provided, operate without first obtaining from the Commission, after hearing under the provisions of this Chapter, a certificate of public convenience and necessity, pursuant to findings to the effect that the public interest requires such operation.” (Italics supplied.) Section 68-607 provides that, “The Commission may, at any time after notice and opportunity to he heard and for reasonable cause, suspend, revoke, alter, or amend any certificate. . .” (Italics supplied.) Section 68-608 provides that a certificate may be transferred or hypothecated upon application to and approval by the Commission.
In the present case it appears that in 1950 Southeastern Motor Lines, Inc., transferred its right under a certificate of convenience and necessity to operate as a motor common carrier to the Miller Bus Line; that Miller’s right to operate under the certificate was
The majority opinion states that the Commission had authority to revoke the certificate in so far as Miller’s right to operate was concerned, but that they only suspended the certificate, and that the question of public convenience and necessity having been determined at the time the certificate was issued, the Commission was not required to consider again this question before granting the transfer from Southeastern Motor Lines, Inc., to Atlantic Stages, Inc. This ruling is a flat contradiction of the statute. The requirements of § 68-604, that no motor common carrier shall operate without obtaining from the Commission, after hearing, a certificate of public convenience and necessity, is not limited by its terms to the original grant of such a certificate, but applies alike in each and all instances, whether the certificate, having been suspended, is to> be reinstated, or being effective, is to be transferred. The transfer of a certificate six years subsequently to the original grant does not relate to the conditions that existed at the time the certificate was issued. There is simply no basis in law or in fact to sustain a conclusion that the requirements of § 68-609 having once been complied with, can be ignored and disregarded six years later, or for all time to come. The transfer of the certificate from Southeastern to Atlantic without a hearing by the Commission is, in my opinion, a definite violation of the law, and void.
Any technical or finespun definition of the word “route” which fails to take into consideration the focal points involved, is wholly devoid of any practical application of the term. It is from the towns and cities that the bulk of the business of a motor common carrier originates, and where, as in this case, it is shown that a motor carrier of persons is operating at a loss, the Commission can not justify, under § 68-609, the grant of another certificate of convenience and necessity, simply because different roads may be traveled in serving the same cities and towns.
“The object of all legal investigation is the discovery of truth. The rules of evidence are framed with a view to this prominent end, seeking always for pure sources and the highest evidence.” Code § 38-101. Code § 93-505 provides that the Public Service Commission shall have power to issue subpoenas for the attendance of witnesses, with power to compel their attendance, “and said court shall have power to punish for contempt as in other cases of refusal to> obey the process and order of such court.” Code § 93-506 authorizes the Commission to compel the giving of testimony. Numerous sections of the Code provide for a hearing by the Commission (see §§ 68-504, 68-507, 68-607, 68-611, 68-618, 68-621), and there is simply no basis for any contention that a hearing by the Commission is not a “legal investigation,” the object of which is the discovery of the truth. The object of the discovery of truth in such legal investigations by the Commission is not restricted, modified, or repealed, by Code § 93-501, which states in part that, “the Commission shall not be bound by the strict technical rules of pleading and evidence, but it may exercise such discretion as will facilitate its efforts to ascertain the facts bearing upon the right and justice of the matters before it.” Since “facts” are “truth,” and truth must include the facts, no authority has been granted to the Commission to depart from the object of all legal investigation, the discovery of truth.
It is, or should be, known that where a party, or his counsel representing him, prepares an affidavit in the interest of the party, that only such matters as the party or his counsel deems of value to his cause will be included therein. Such an affidavit may be true in so far as the matters stated therein are concerned, and at the same time constitute worse than a half-truth or a misrepresentation, because of the matters omitted therefrom,
It appears that the affidavits introduced by the applicant, Atlantic Stages, Inc., were considered by the Commission, and therefore its decision was based in part upon illegal and incompetent evidence, and the grant of a certificate to the applicant in this case should be declared void and of no effect.
For the reasons stated, I dissent from the rulings in divisions 1, 2, and 4 of the majority opinion. I am authorized to say that Mr. Chief Justice Duckworth concurs in this dissent.
Concurring Opinion
concurring specially. I concur in the judgment, but dissent from the ruling made in Division 1 of the majority opinion for the reasons pointed out in the dissenting opinion of Justice Head.
Reference
- Full Case Name
- TAMIAMI TRAIL TOURS, INC. v. GEORGIA PUBLIC SERVICE COMMISSION Et Al.; THE GREYHOUND CORPORATION v. McWHORTER, Et Al., Comrs., Et Al.
- Cited By
- 25 cases
- Status
- Published