Cleveland v. Pub. Util. Comm., 25801

CourtUnited States State Supreme Court of Ohio
Writing for the CourtSTEPHENSON, J.
Citation200 N.E. 765,130 Ohio St. 503
Docket Number25801
Decision Date18 March 1936
PartiesCity Of Cleveland Et Al. v. Public Utilities Commission Of Ohio Et Al.

200 N.E. 765

130 Ohio St. 503

City Of Cleveland Et Al.
v.
Public Utilities Commission Of Ohio Et Al.

No. 25801

Supreme Court of Ohio

March 18, 1936


Public Utilities Commission - Motor transportation companies - Certificate of public convenience and necessity - Consent of municipalities not necessary unless immediately contiguous - Section 614-86, General Code - Municipal regulatory rights subordinated to authority granted Public Utilities Commission - Section 614-84 et seq., General Code - Powers of charter city not impaired - Sections 3 and 7, Article XVIII, constitution - Charter city powers delegated subject to general laws.

1. A conditional certificate of convenience and necessity was granted by the public Utilities Commission of Ohio to a motor transportation company for a route from the municipal corporation of Bedford, through the municipal corporations of Maple Heights and Garfield Heights and thence through the City of Cleveland to the Public Square therein. Maple Heights is immediately contiguous to Bedford and Cleveland. Garfield Heights is immediately contiguous to Cleveland and Maple Heights, but is not immediately contiguous to Bedford and there is no contiguity between Bedford and Cleveland. Held: The Public Utilities Commission had jurisdiction and power to grant such conditional certificate without the consent of the several municipal corporations, inasmuch as such route does not come within the exception included in the last clause of Section 614-86, General Code, as each and all the municipal Corporations through which such route passes are not immediately contiguous.

2. The General Assembly of Ohio has subordinated the rights of municipalities to regulate motor transportation lines within their limits to the authority granted the Public Utilities Commission of Ohio by the Motor Transportation Act, Sections 614-84 to 614-102a, General Code, inclusive.

3. Under the Motor Transportation Act the Public Utilities Commission of Ohio had power and authority to grant such certificate of convenience and necessity and fix the terminus in the city of Cleveland at the Public Square without the consent of the city of Cleveland, and in so doing took nothing from the city of Cleveland that was granted it as a charter city by virtue of Section 3 and 7 of Article XVIII of the Constitution of Ohio, as thereunder the city of Cleveland has the authority to exercise all powers of local self-government and to adopt and enforce within its limits such local police, sani- [130 Ohio St. 504] tary and other similar regulations as are not in conflict with general laws.

ERROR to the Public Utilities Commission.

This case comes before the Supreme Court upon a joint petition in error complaining that a final order of the Public Utilities Commission dated November 20, 1935, authorizing The Cleveland Southeastern Bus Company to operate as a common carrier of passengers over a regular route between fixed termini within the cities of Cleveland, Garfield Heights, Maple Heights and Bedford exclusively, is not within the jurisdiction of the commission, is unreasonable and unlawful, and that there is manifest error in the proceedings before the commission and in such order.

The plaintiffs in error, the City of Cleveland and The Cleveland Railway Company, on December 6, 1935, applied for a rehearing before the commission and specified the points of error, unlawfulness and unreasonableness in such order substantially as in their pending petition in error. The application for rehearing was overruled on December 31, 1935, and the petition in error was filed in this court on January 7, 1936.

The proceedings before the Public Utilities Commission were known as its case No. 7894, and the authority granted The Cleveland Southeastern Bus Company is known as Certificate of Public Convenience and Necessity No. 5320.

In accordance with the application of the bus company, the certificate describes the route as follows:

"Beginning at the corner of Northfield and Forbes Road in the City of Bedford on State Route No. 8; thence on Union Street to the intersection of State Route No. 8 with State Route No. 14; thence over State Route No. 14 through the Cities of Bedford, Maple Heights, Garfield Heights and Cleveland to the Public [130 Ohio St. 505] Square in the City of Cleveland; thence on State Route No. 2 (Superior Avenue) to the Greyhound Terminal at East 9th Street and Superior Avenue; thence south on East 9th Street to the intersection of East 9th Street with State Route No. 14 (Broadway Avenue)."

The certificate imposes the following conditions:

"Conditioned that no passengers shall be transported whose entire ride is between any two points within the City of Cleveland, Ohio; between any two points with in City of Maple Heights, and between a point in the City of Cleveland and a point in the City of Maple Heights and vice versa. Conditioned that local subdivisions may make reasonable local police regulations within their respective boundaries not inconsistent with the provisions of Sections 614-84 to 614-102 of the General Code of Ohio."

The order of the commission of November 20, 1935, imposed the following two additional conditions:

"Conditioned upon the revocation of Certificate No. 2668 now held by the applicant, providing for the maintenance and operation of a motor transportation company carrying persons as a common carrier for hire upon and over a part of said route, which said Certificate No. 2668 has been renounced by the applicant upon condition that this application be granted.

"* * * and conditioned further that the City of Cleveland may impose such reasonable police regulations as it may see fit with respect to the streets to be traversed within the City of Cleveland."

The hearing upon the application was held June 7, 1935. Prior to the hearing, The Cleveland Railway Company, on June 1, 1935, and the city of Cleveland, on June 5, 1935, filed motions to continue the hearing until evidence should be submitted that the city of Cleveland had consented to the operation of such bus service. At the beginning of the hearing the plaintiffs in error objected to further proceedings upon the application, on the grounds that the commission was with- [130 Ohio St. 506] out jurisdiction of the proposed operation and that evidence of consent of the city of Cleveland to the operation had...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT