Seal v. Andrews
Seal v. Andrews
Opinion of the Court
This is an appeal from the judgment of the Circuit Court of the First Judicial District of Hinds County affirming an order of the Mississippi Public Service Com
The Teche Greyhound Lines (division of the Greyhound Corporation), an authorized common carrier of passengers, etc., over U. S. Highway 51, including McComb and Magnolia, asked to intervene in behalf of petitioners and join in this appeal.
At the hearing before the commission, the evidence, which we deem material here to a determination of this appeal, shows Avithout dispute that the appellee, McComb City Lines, had been conducting local bus service in McComb since February, 1946, under a franchise from the city; that at the request of the municipal authorities
The appellant assigns and argues a number of errors, contending that the lower court erred in affirming the order of the Public Service Commission.- HoAvever, these may be reduced to one in disposing of the issue here involved. The sole question presented is do the appellees come under the exception in Section 7635, which is: “The term ‘motor carrier’ as defined in this Act shall not include: * * * (j) Motor vehicles engaged in the transportation of persons or property wholly within a municipality or between contiguous municipalities, or within a zone adjacent to and commercially a part of such municipality or municipalities but not exceeding five miles from the corporate limits; except when such transportation is under a common control, management or arrangement for a continuous carriage or shipment to or
This is the first time this question has been before the Court. The order of the Commission heretofore set out held that the operations of the appellees came under the exception to the act and the circuit court affirmed that order on the ground that the operations were within “a zone adjacent to and commercially a part of such municipality, or municipalities, but not exceeding five miles from the corporate limits. ’ ’
The appellant cites the case of Dixie Greyhound Lines, Inc. v. Mississippi Public Service Commission, 190 Miss. 704, 200 So. 579, 581, 1 So. (2d) 489, which was the first appeal to come before the Court involving the Mississippi Motor Carriers Regulatory Act of 1938. In this case the Court said: “Chapter 142, Laws of 1938, is modeled after the said Federal Motor Carrier Act of 1935 [49 U. S. C. A. § 301 et seq.], and Section 6, subsection (c), of our statute contains an. express legislative direction that in administering the act the Public Service Commission shall conform as nearly as practicable to the rules, regulations, requirements, etc., of the Interstate Commerce Commission. ’ ’
The difference between the Federal Act and the State Act as to the exemption or exception is that the Federal Act places no limitation on the size of the exempt zone adjacent to and commercially a part of any municipality or municipalities, and the State Act exempts the zone to not exceeding five miles from the corporate limits. Appellant cites a number of Interstate Commerce Commission decisions, among them being New York, New York Commercial Zones, Volume 2, M. C. C., page 191. The proceeding in this case was to fix the limits of the “zone adjacent to and commercially a part of.” The Interstate Commerce Commission there said: “In view of the indefiniteness of the language, the impossibility of any precise definition, and the variety of interpretations which may be placed upon it, we were convinced
In the case of Commercial Zones and Terminal Areas, 46 Motor Carrier Cases, page 665, which was a proceeding to fit the zones adjacent to and commercially a part of municipalities, the commission said: “From the foregoing, it might be concluded that the examiner’s proposed findings as to commercial zone boundaries are sufficiently liberal. There are, however, some considerations which point the other way. The war gave new impetus to the tendency of industrial establishments to locate in unincorporated areas adjacent to municipalities, with a consequent expansion of the areas so occupied. Similarly, residential and emergency housing developments which, even when ostensibly temporary, have a tendency to become permanent, have been established somewhat more extensively than heretofore in areas adjacent to municipalities. Local transportation between such industrial and residential developments is of the type intended to be covered by the commercial zone exemption and we conclude that commercial zones generally should be found to be somewhat more extensive than proposed by the examiner. Such conclusion will also tend to eliminate to some extent any confusion which may attend the unavoidable definition or recognition of overlapping zones hereinafter discussed.
“Portland, Oreg., and Vancouver, Wash.- — Vancouver and Portland are not contiguous. They are, however, within 4 miles of each other, being separated only by the Columbia River and by an area which until recently was unincorporated but now comprises the municipality of Vanport. Under our findings herein, Vancouver would be included in the commercial zone of Portland which in 1940 had a population of more than 300,000. As already indicated, this result is vigorously opposed by the Vancouver-Portland Bus Company, which operates only between those points, and also by a number of motor carriers of property which operate between the same
The Commission concluded that “the commercial zone of each municipality in the 'United States, * * * consists of (1) the municipality itself hereinafter called the base municipality, (2) all municipalities within the United States which are contiguous to the base municipality, (3) all other municipalities within the United States and all unincorporated areas within the United States which are adjacent to the base municipality as follows: (2) When the base municipality has a population less than 2,500, all unincorporated areas within two miles of its corporate limits and all of any other municipality any part of which is within 2 miles of the corporate limits of the base municipality; # * #.”
We are of the opinion that it was the intent and purpose of the legislature to exempt from the provisions of the motor carrier regulatory act purely local operations of motor vehicles within an area or zone adjacent to a municipality or municipalities not to exceed five miles from the corporate limits. In Board of Education v. Railroad Co., 72 Miss. 236, 16 So. 489, the Court said: “It is familiar learning that, in the construction of statutes, courts chiefly desire to reach and know the real intention of the framers of the law, and, reaching and knowing it, then to adopt that interpretation which will meet the real meaning of the legislature, though such interpretation may be- beyond or within, wider or narrower than, the mere letter of the enactment. The case in hand affords a striking example of the wisdom of carrying into effect the true meaning of the statute, rather than giving it a strict, literal interpretation. ’ ’
In Wilson v. Y. & M. V. R. R. Co., 192 Miss. 424, 6 So. (2d) 313, 314, the Court held: “The intention and purpose of the Legislature is to be deduced from the whole and every part of the statute taken together — from the words and context — and such a construction adopted as will best effectuate the intention of the law-giver. Koch
We are of the opinion that there was substantial evidence to support the finding of the Public Service Commission and the judgment of the lower court affirming its order is hereby affirmed.
Affirmed.
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