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McDonald v. Thompson, 305 U.S. 263 (1938)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
McDonald v. Thompson, 305 U.S. 263 (1938)
McDonald v. Thompson No. 55 Argued November 8, 9, 1938 Decided December 5, 1938 305 U.S. 263
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. Section 206(a) of the federal Motor Carrier Act, 1935, declares that no common carrier by motor vehicle subject to the provisions of the Act may engage in interstate commerce unless there shall have been issued by the Interstate Commerce Commission a certificate of public convenience and necessity authorizing the operation. A proviso requires that the Commission issue a certificate without further proof as to public convenience and necessity where the applicant was "in bona fide operation" as a common carrier by motor vehicle on June 1, 1935, and since that time, over routes for which application is made, and the applicant in such case is authorized to continue operation pending the determination of the application. Held that one who had been operating as a common carrier without the authority of the state commission -- his application therefor having been denied prior to 1935 by an order subsequently upheld by the state court -- had not been "in bona fide operation" within the meaning of the proviso. P. 266.
2. As the Motor Carrier Act is remedial, and to be construed liberally, a proviso defining exemptions is to be read in harmony with the purpose of the measure, and held to extend only to carriers plainly within its terms. P. 266.
95.F.2d 937, affirmed.
Certiorari, post, p. 580, to review a decree which reversed, with directions to dismiss the bill, a decree of injunction restraining enforcement against petitioner of the Motor Truck Law of Texas.
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Chicago: U.S. Supreme Court, "Syllabus," McDonald v. Thompson, 305 U.S. 263 (1938) in 305 U.S. 263 305 U.S. 264. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=WTYEYF72ZHCBAXJ.
MLA: U.S. Supreme Court. "Syllabus." McDonald v. Thompson, 305 U.S. 263 (1938), in 305 U.S. 263, page 305 U.S. 264. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WTYEYF72ZHCBAXJ.
Harvard: U.S. Supreme Court, 'Syllabus' in McDonald v. Thompson, 305 U.S. 263 (1938). cited in 1938, 305 U.S. 263, pp.305 U.S. 264. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=WTYEYF72ZHCBAXJ.
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