James A. Hannah, Inc. v. Public Service Commision

178 N.E.2d 561, 132 Ind. App. 549, 1961 Ind. App. LEXIS 161
CourtIndiana Court of Appeals
DecidedDecember 6, 1961
DocketNos. 19,325 and 19,326
StatusPublished
Cited by1 cases

This text of 178 N.E.2d 561 (James A. Hannah, Inc. v. Public Service Commision) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James A. Hannah, Inc. v. Public Service Commision, 178 N.E.2d 561, 132 Ind. App. 549, 1961 Ind. App. LEXIS 161 (Ind. Ct. App. 1961).

Opinion

Bierly, J.

This is an appeal pursuant to Chapter 189 of the 1957 Acts of the Indiana General Assembly, Burns' Ind. Stat. (1951 Replacement), beginning with [551]*551§54-443, from two orders of the Public Service Commission of Indiana in two separate cases.

The “Rate Order” in P.S.C.I., Cause No. 27859, assigned No. 19326 in this court, related principally to a suspension and rejection of certain schedule of Minimum Rates filed with the Public Service Commission of Indiana, hereinafter referred to as “Commission,” by James A. Hannah, Inc., hereinafter referred to as “Hannah.”

The “Permit Order” in P.S.C.I., Cause No. 27609, assigned No. 19325 in this court, relates to the cancellation of Permit No. 1466-B, 1, which had been issued originally to James A. Hannah Motor Truck Service, Inc., on July 11, 1941, by the Commission to operate certain specified motor carrier service in Indiana.

The two orders herein referred to were decided by the Commission upon an agreed stipulation of facts.

The sole assignment of error by appellant, Hannah, is that:

“(1) The decision, ruling and order of the Public Service Commission is contrary to law.”

Appellees filed a petition before this court to consolidate the appeals relating to each order, and said appeals were consolidated by order of this court entered August 11, 1959.

The central issue before the Commission, as agreed by the parties related to the scope of appellant’s permit, “and was whether appellant’s operating authority as a contract carrier of petroleum products under its existing permit and the applicable statutes, was limited to hauling for the Sinclair Refining Company. The permit case raised additional issues as to whether appellant was a validly organized Indiana Corporation, whether it failed to comply with the rules and regula[552]*552tions of the Commission requiring annual reports, and whether any such failure was grounds for cancellation of its permit.” (Appellant’s Brief, pp. 2 and 3.)

It appears that if this court determines that Hannah has been issued one permit by the Commission and that permit in accordance with its terms “limits the transportation to be performed to and for the Sinclair Refining Company,” (Appellees’ Brief, p. 7) then the obvious conclusion would be that the Commission was legally empowered to suspend and cancel the schedule of minimum rates filed by Appellant-Hannah for transportation for shippers, other than for the Sinclair Refining Company.

When this court decides the question as to the scope of permit issued to Hannah by the Commission, the question of the rate case would thereupon be resolved. When this had been determined, there remains one question, one resolved question as to whether the Commission acted within the scope of its duty and authority, prescribed by legislative enactment, in the cancellation of Hannah’s Permit No. 1466-B, 1, premised upon the stipulation of facts forming the basis of the Commission’s Orders.

Salient paragraphs in the stipulation of facts reflecting evidence relating to the issuance of said Permit No. 1466-B, 1, are herewith set forth primarily because of the importance attached to the scope of the permit, to-wit:

“STIPULATION
“2. That on the 10th day of March, 1941, James A. Hannah Motor Truck Service, Inc., filed an application with the Public Service Commission of Indiana requesting authority to operate motor vehicles intrastate as a contract carrier over the public highways of the State and requested permission to establish service for the transportation of property for the following named contractor: [553]*553Sinclair Refining Company, Hammond, Indiana. Copy of such application, which was assigned Docket No. 1466-B, is attached hereto and marked for identification as Exhibit ‘A’.
“3. Thereafter, on April 7, 1941, hearing was held on said application and on the 23rd day of April, 1941, an Examiner’s recommended report was made public.
“4. That no Exceptions were filed by the .applicant, James A. Hannah Motor Truck Service, Inc., to said recommended report.
“5. On May 9, 1941, the Commission issued its order approving the issuance of a Permit, restricted as follows:
“IT IS THEREFORE ORDERED BY THE PUBLIC SERVICE COMMISSION OF INDIANA that a permit to operate motor vehicles as a contract carrier'of petroleum products, intrastate, be issued to James A. Hannah Motor Truck Service, Inc., 520 Illinois Building, Indianapolis, Indiana, a corporation, for the Sinclair Refining Company, Hammond, Indiana, over the following routes, to-wit: Í'
“Over all Federal, State, and County Highways in the State of Indiana with the limitation that no shipments of petroleum products shall be transported from Whiting, Indiana as a point of origin, and a copy of such order is attached hereto and marked for identification as Exhibit ‘B’.
“6. That the applicant, James A. Hannah Motor Truck Service, Inc., did not file a Petition for further hearing, rehearing or reconsideration of the order approved May 9, 1941.
“7. Thereafter, on June 11, 1941, the actual Permit was issued and a copy of such document is attached hereto and marked for identification as Exhibit ‘C’.
“8. The name of the original corporation was changed to James A. Hannah, Inc., by proper action taken in the office of the Secretary of State and a petition was filed on May 16, 1946, with the Commission requesting that the records of the Commission be changed so as to reflect the new name of the original corporation. Copy of such [554]*554Petition is attached hereto and marked for identification as Exhibit ‘D’.
“9. On May 23, 1946, an order was issued by the Commission changing the corporate name, a copy of which order is attached hereto and marked for identification as Exhibit ‘E’.
“13. That there have been no applications or petitions filed with the Public Service Commission of Indiana in the name of James A. Hannah, Inc., or James A. Hannah Motor Truck Service, Inc., since May 9, 1941, except those attached as exhibits to this Stipulation.”

The record discloses that neither in the petition filed by James A. Hannah Motor Truck Service, Inc., with the Commission, on May 16, 1946, requesting a change of name, nor in the order of the Commission dated May 23, 1946, authorizing said change of name to James A. Hannah, Inc., as sought, was any other matter embraced. This order is referred to in the Stipulation, paragraph 9, as Exhibit ‘E’, and omitting caption and signatures, follows:

“BY THE COMMISSION
“On the 9th day of May, 1941, the Commission approved an order authorizing the issuance of a permit to operate motor vehicles as a contract carrier of property, intrastate, to James A. Hannah Motor Truck Service, Inc., 520 Illinois Bldg., Indianapolis, Indiana.
“Thereafter on the 16th day of May, 1946, applicant filed a petition with, the Commission requesting change of name from James A. Hannah Motor Truck Service, Inc., to James A. Hannah, Inc.

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178 N.E.2d 561, 132 Ind. App. 549, 1961 Ind. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-a-hannah-inc-v-public-service-commision-indctapp-1961.