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MCDONALD V. THOMPSON, 305 U. S. 263 (1938)

U.S. Supreme Court

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


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. 305 U. S. 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. 305 U. S. 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.

Page 305 U. S. 264

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