New York Central Rd. v. Public Utilities Commission
New York Central Rd. v. Public Utilities Commission
Opinion of the Court
This is a proceeding in error from
Upon, hearing by the commission the application was denied upon three grounds, as follows: (1) That no proper tariffs had been filed by the applicant as required by law and the rules and regulations of the commission. (2) That the evidence does, not show public necessity for the additional service proposed. (3) That the evidence does not show that the existing motor transportation companies are not rendering adequate and convenient service.
Thereafter an application for rehearing was filed, and was denied by the commission.
The contention that the finding and order of the commission is unreasonable and unlawful is based principally upon the claims: (1) That the commission should have considered the substantial economy to the railroad, and the resulting benefits to the public, which it refused to do. (2) That the commission failed to recognize that the denial of the right to transport intrastate commerce on the highways constitutes. a denial of the right to transport interstate commerce, in the light of the evidence that interstate commerce constitutes a very large percentage of the traffic handled and was not reasonably susceptible of separation from the intrastate commerce.
It is disclosed that the real basis of the applicant’s claim for a certificate is that the motortruck line which it would operate thereunder would be an aux
The jurisdiction of the Public Utilities Commission is conferred and defined by statute, and it possesses no authority other than that thus vested in it. City of Cincinnati v. Public Utilities Comm., 96 Ohio St., 270, 117 N. E., 381. Its entire power and authority with reference to the certification, supervision, and regulation of motor transportation companies is set forth in Section 614-85 et seq., General Code. These provisions have been considered and applied by this court in numerous cases, and it seems unnecessary to set them forth here in full or to again discuss or analyze them.
Except as to motorbus transportation lines which had been in actual operation in good faith on and prior to April 28, 1923, which were entitled to a certificate authorizing their continued operation upon the filing of an affidavit as therein provided, no motor transportation companies operating outside municipalities are permitted to commence business in this state without first obtaining from the Public Utilities Commisson of the state a certificate declaring that public convenience and necessity require such operation. Upon the filing of an application for such certificate of public convenience and necessity, the Public Utilities Commission is authorized and required to determine the questions thus presented, and in determining whether public convenience and necessity require such motor transportation service it becomes the duty of the commis
Construing these statutes, this court has frequently held that the granting of an application for such certificate is not warranted unless it appears that the public necessity and convenience require the proposed service, and, further, that another motor transportation company, if any, holding a certificate of convenience and necessity granted it by the Public Utilities Commission, covering the same route, is not rendering adequate service, and is not able, ready, and willing to provide the additional service, if any, found to be necessary. This has been announced by this court in numerous cases, among which are the following: McLain v. Public Utilities Comm., 110 Ohio St., 1, 143 N. E., 381; Scioto Valley Ry. & Power Co. v. Public Utilities Comm., 115 Ohio St., 358, 154 N. E., 320; Stark Electric Rd. Co. v. Public Utilities Comm., 118 Ohio St., 405, 161 N. E., 208.
There is no substantial conflict in the evidence in this record, and the essential facts presented therein may be concisely stated. The route proposed by the applicant is over the public highways between Toledo and Cleveland, with branches extending to certain points therein designated, but all within the state, and only four of which are now without regular motor truck transportation service, and those need not be considered for the reason that no evidence was offered as to the necessity of such service, and, further, that the applicant indicated it would not accept a certificate for such limited service. All other points on the proposed route are served by
The statutes governing motor transportation companies, as heretofore construed and applied by this court, would therefore seem determinative and require a denial of the application. The applicant contends, however, that it presents a situation which requires a modification of the rule heretofore invariably applied in matters of this character.
The applicant in 1925 inaugurated a motor vehicle service covering practically the same route involved herein, which substantially paralleled its railroad, and continued such motor transportation service until an issue made as to such operation falling within the motor transportation law of the state was determined adversely to the applicant herein by the Public Utilities Commission and this court. N. Y. Central Rd. Co. v. Public Utilities Comm., 121 Ohio St., 588, 170 N. E., 574. It was therein found and de
The applicant contends that this truck transportation service should be authorized because it is not an isolated independent operation between points named, but is rather a companion service to the service which it provides by rail, and in fact is a substitute for the local freight service formerly operated by it; further that such truck operations are confined to the movement between stations on the line of the railroad, where merchandise is received and delivered; that such operation involves no pick-up or delivery service and is thus made a mere substitute for a more costly local freight train service; further, that the proposed operation is not in competition with the business of any existing mo-tor transportation line, in that if this freight were not hauled by truck by this applicant it would be carried by its freight trains; and, further, that the major portion of the shipments handled by it are interstate shipments and cannot be readily separated from intrastate shipments.
This case as presented is exactly the same as it would be if the application were filed by any motor-truck transportation company for a certificate covering territory fully and adequately served by duly certified operators. The test of public convenience and necessity must be applied whether1 the applicant for a certificate to transport freight over the public highways of the state is a railroad company seeking to inaugurate so-called supplemental freight service over the public highways, or an exclusively motor transportation company. The rule to be applied under existing statutes is the same and must be uniformly and universally applied and enforced. The best interests of and the most efficient services to the public do not require a greater number of mo
The order of the commission being in compliance with the statute is neither unlawful nor unreasonable and will therefore be affirmed.
Order affirmed.
Reference
- Full Case Name
- The New York Central Rd. Co. v. Public Utilities Commission of Ohio
- Status
- Published