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United States v. Maher, 307 U.S. 148 (1939)
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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.
United States v. Maher, 307 U.S. 148 (1939)
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United States v. Maher No. 432 Argued February 6, 1939 Decided April 17, 1939 307 U.S. 148
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF OREGON
Syllabus
1. The Interstate Commerce Commission denied an application of a common carrier by motor vehicle for a certificate of public convenience and necessity authorizing him to operate over a designated route, and ordered him to cease operating, holding inapplicable to his case a provision of § 206(a) of the Motor Carrier Act, upon which he relied, whereby carriers in bona fide operation on June 1, 1935, and since are relieved from further proof of public convenience and necessity. Held that the construction of the Act in this ruling is reviewable by suit in the District Court to set aside and annul the order. P. 152.
2. Under § 206(a) of the Motor Carrier Act of 1935, a carrier who was in bona fide operation as a common carrier by motor vehicle on June 1, 1935, over the route or routes or within the territory for which application is made and has so operated since that time is entitled to a certificate of public convenience and necessity without further proof that public convenience and necessity will be served by such operation. Held inapplicable where operation over the route applied for, between fixed termini, began in May, 1936, whereas the previous operation was an "anywhere for hire" service that was abandoned when the new route was instituted. P. 154.
3. Where an application for a certificate based solely upon the exception in § 206(a) of the Motor Carrier Act is found unsupported by the evidence, the Commission is not obliged to inquire whether it should be allowed under the general provisions of § 207(a). P. 156.
23 F.Supp. 810, reversed.
Appeal from a decree of the District Court of three judges which set aside an order of the Interstate Commerce Commission denying an application for a certificate under the Motor Carrier Act and commanding the applicant to cease and desist from operating.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Maher, 307 U.S. 148 (1939) in 307 U.S. 148 307 U.S. 149. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ZKCIWW31KQBX9XV.
MLA: U.S. Supreme Court. "Syllabus." United States v. Maher, 307 U.S. 148 (1939), in 307 U.S. 148, page 307 U.S. 149. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZKCIWW31KQBX9XV.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Maher, 307 U.S. 148 (1939). cited in 1939, 307 U.S. 148, pp.307 U.S. 149. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ZKCIWW31KQBX9XV.
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