No. 35189. | Miss. | Mar 15, 1943
Mrs. C.M. Luter, doing business as the Luter Motor Express, filed her petition with the Mississippi Public Service Commission for a certificate of public convenience and necessity authorizing her to operate as a common carrier over two routes extending north from the City of Meridian. Appellants filed their several protests against the issuance of such certificate. Upon its first hearing, a certificate as a common carrier of commodities generally was granted, but upon appeal to this court the cause was reversed so as to allow applicant to adduce further proof if she should be so advised.
The evidence referred to in the former hearing as being available and alleged to be sufficient to authorize an unrestricted operation was thereupon presented to the commission, which overruled the several protests and granted certificate as common carrier of commodities generally over the designated routes. From the order of the circuit court affirming the commission's order, this appeal was taken.
We are not favorably impressed with the nature of the testimony adduced to establish a bona fide operation in compliance with the provisions of the so-called "grandfather clause," Section 8(a), Chapter 142, Laws 1938. Proof of such operations is ordinarily available through documents and records not only because these are definite and self-explanatory but also because the transportation of commodities is ordinarily inseparable from such evidences. Beasley v. United States, D.C.,
It would not be helpful to detail the evidence here for there is no fixed standard of bona fide operation, and each case must stand upon its own facts. Nor is it appropriate to set forth certain inconsistencies from which the commission may have deduced a lack of good faith. By eliminating shipments of cream and petroleum products under special contracts and disregarding interstate shipments, appellants have presented a plausible analysis showing a limited operation. Yet, the appellee's entire operations over the stated routes for a reasonable period surrounding January 1, 1938, furnish relevant data which, when supported by oral proof, makes out a case outside the area of our authority to interpose on the ground that there is no substantial evidence to support the finding of the commission.
Affirmed.
Anderson, J., took no part in this decision.