certificate of public convenience and necessity authorizing
operation, in interstate and foreign commerce, as a common
carrier by motor vehicle of general commodities, with certain
exceptions, between the points as set out in the application,
as alternate routes for operating convenience only and serving
no points not now served by Transamerican.
3. The history and description of part of Transamerican's
operations date back to January 1932 when it was incorporated
in Michigan. It has rapidly extended its operations since that
time so that it is now a motor common carrier of general
commodities, with the usual exceptions, over regular routes
extending from New York, N.Y., and Newark, N.J., on the east,
to Kansas City, Mo., on the west, Milwaukee, Wis., and
Detroit, Mich., on the north, and Louisville, Ky., and
Cincinnati, Ohio, on the south. In addition to the above, it
serves many large cities, including Toledo, Columbus and
Cleveland, Ohio; Pittsburgh, Philadelphia, and Erie, Pa.; Ft.
Wayne, South Bend, Huntington, and Indianapolis, Ind.; and
Chicago, Peoria, Chenoa, Pekin, Springfield, and Decatur, Ill.
Its principal east-west "northern" route traverses the
northern part of Indiana and Illinois and joins other routes
at Chicago. From Chicago certain of its routes extend
southerly through Indianapolis to Louisville, and through
Peoria to St. Louis. The present route between Ft. Wayne and
Chicago is over U.S. Highways 30 and 41 through Plymouth, Ind.
While Transamerican has two other predominantly east-west
routes extending into St. Louis, one from Louisville
traversing the extreme southern part of Illinois and Indiana,
and the other over U.S. Highway 40 from Indianapolis, it does
not possess any direct east-west routes which would join
central Indiana points.
4. The purpose of the application filed herein on November
28, 1947 is to provide a direct overnight service between
Peoria and Indianapolis and to accommodate the traffic which
moves between New York, Newark, Philadelphia, Columbus,
Louisville and other points on its system on the one hand, and
on the other, Peoria, Pekin and other central Illinois points
without being required to transport such traffic via St. Louis
5. Hearings were held before Joint Board 21 on May 24, 1948
in Indianapolis, Ind., at which plaintiffs, the applicant, and
its witnesses appeared and testified. Applicant's testimony
and that of its witnesses is reviewed at pages 5-11 of the
Commission's report of July 19, 1949 and plaintiffs' testimony
is reviewed at pages 11-13 of the report.
6. At the close of the hearings the joint board considered
the application, in the light of the evidence, and on June 14,
1948, issued their report, recommending that the application
be granted in its entirety. Plaintiffs filed no exceptions to
the recommendations of the joint board as to proposed
alternate routes 5a, 5b and 5c, and the Commission reviewed
the record and found these alternate routes to which no
exceptions were taken were supported by the evidence, except
that applicant is not now and should not be authorized to
serve either Auburn or Charlestown, Ind., termini of two of
the routes. With this modification, the joint board's
recommended findings were approved. Plaintiffs' exceptions to
remainder of the report were replied to by Transamerican; and
the Commission, after due consideration of the record, issued
its report on July 17, 1949 as shown by Exhibit I attached to
plaintiffs' complaint, affirming the decision of the joint
board and finding that public convenience and necessity
required the granting of the authority sought and that
Transamerican was fit, willing, and able properly to perform
the service authorized.
7. The Commission had before it substantial evidence in
support of its findings; and this Court adopts as its own the
statements and findings set forth in the Commission's said
Conclusions of Law.
Upon the foregoing facts, the Court makes the following
conclusions of law:
1. This Court has jurisdiction of this cause and of the
2. The Commission had jurisdiction over the proceedings
wherein the said report
of July 17, 1949 and order of December 12, 1949 were made, and
had jurisdiction to make said report and order.
3. The Commission was justified in finding in Docket No.
MC-10761 (Sub. No. 21C) that public convenience and necessity
required operation by Transamerican Freight Lines, Inc. as a
common carrier by motor vehicle of general commodities, with
certain exceptions, between certain points in Illinois and
Indiana, over specified routes, as alternate routes for
operating convenience only, with no service at intermediate
points, or at Auburn and Charlestown, Indiana.
4. Said report and order were within the statutory authority
of the Commission and were not arbitrarily or capriciously
made or based upon mistake of law or misapplication of proper
statutory standards. Said report and order were made by the
Commission after full hearing, upon adequate findings
supported by substantial evidence, and in accordance with the
applicable law, and were valid and lawful in all respects.
5. The relief prayed for in the complaint is denied, and the
complaint dismissed, plaintiffs to pay the costs.
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