Callanan Road Improvement Co. v. United States et al. (345 U.S. 507)

U.S. Supreme Court · decided May 4, 1953 · Supreme Court Database (Spaeth)

Citation
345 U.S. 507 · 73 S. Ct. 803
Docket
No. 488
Argued
April 8, 1953
Decided
May 4, 1953
Term
October Term 1952
Vote
8–1
Majority author
Justice Minton
Issue area
Judicial Power
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

How the Justices voted

Majority
Chief Justice Vinson, Justice Minton (wrote), Justice Clark, Justice Burton, Justice R. H. Jackson, Justice Frankfurter, Justice Reed
Concurring in the judgment
Justice Black
Dissenting
Justice Douglas

Opinion on Justia

Opinion excerpt

Mr. Justice Minton delivered the opinion of the Court. In 1941, one Joseph R. Hutton applied to the Interstate Commerce Commission for a permit to operate as a contract carrier by water between points on Long Island Sound, New York Harbor, the Hudson River, the New York State Barge Canal System, the Niagara River, and contiguous ports. In the alternative, he prayed a certificate of convenience and necessity if he be found to be a common carrier. The application was a “grandfather” clause proceeding under § 309 of Part III, Water Carriers, of the Interstate Commerce Act, 54 Stat. 941, 49 U. S. C. (1946 ed.) § 909. The Commission, after hearing and investigation, made findings of fact and conclusions of law thereon to the effect that for 37 years Hutton had been in operation; that “ [h] e owns and manages 1 steam power boat of about 240 horsepower, and 4 barges, all of which are operated as a unit. The power boat is used to tow the barges but also carries about 150 gross tons of freight. On occasion other barges are rented or chartered for operation in applicant’s fleet.” It was further found that during and since 1939 and 1940, “applicant’s operation has been that of a common carrier of commodities generally between points on New York Harbor, the Hudson River below its junction with the New York State Barge Canal, the New York State Barge Canal between the Hudson River and the…

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