Department
1.
Appeal
from Superior Court, Thurston County; John M. Wilson, Judge.
Separate
applications by Grove B. Denman, by the Inland Auto Freight
Company, and by another, to the Department of Public Works
for a certificate of convenience and necessity. From a
judgment of the superior court approving an order of the
Department denying the application of Grove B. Denman and
granting certificate to Inland Auto Freight Company, the
applicant first named appeals.
Affirmed.
TOLMAN
J.
This
case involves the right to a certificate of public
convenience and necessity for the transportation of freight
by autotruck between Spokane, Wash., and Metaline Falls
Wash., via Newport. The service involved is a new one, no
certificate therefor having been heretofore granted, and no
regular authorized service having heretofore been given by
any one.
Three
applicants were before the department: Respondent, Inland
Auto Freight Company, an experienced and
well-equipped concern which had for a number of years under
certificate from the department rendered satisfactory service
over another route of about the same length and importance
but entirely removed from and independent of the proposed new
service; appellant, whose predecessor in interest had been a
good-faith operator of a local service from Spokane to Milan
a distance of some twenty to twenty-five miles, on January
15, 1921, and who continued under certificate from the
department until he transferred his rights to the appellant.
The appellant had operated the Spokane-Milan service about a
year, and had also operated between Spokane and Newport
Idaho, under an interstate certificate.
There
was also another applicant and a number of objectors, but, as
none of these are appearing here, we omit particulars.
The
department, after a full hearing, made findings from which we
quote:
'Inland
Auto Freight, Inc. is the holder of Certificate No. 97
which authorizes freight service between Spokane and Kettle
Falls, Washington, via Colville and interstate freight
service only between Spokane, Washington and Priest River,
Idaho.
'Inland
Auto Freight, Inc. seeks permission to furnish intrastate
freight service between Spokane, Washington and Metaline
Falls, Washington and intermediate points via Newport.
'Grove
B. Denman is the holder of Certificate No. 514 which
authorizes freight service between Spokane and Milan,
Washington,
and interstate freight service only between Spokane,
Washington and Newport, Idaho.
'Mr.
Denman makes application for permission to furnish freight
service between Spokane and Metaline Falls, Washington. * *
*
'The
Department finds that public convenience and necessity
require the furnishing of motor freight service between
Spokane and Metaline Falls and intermediate
points. Perhaps the most cogent evidence of this fact is
Exhibit I which shows that during December, 1928 and the
first five months of 1929, there was almost daily a
movement of freight by truck between Spokane and points in
the Pend O'Reille Valley. Bearing in mind that the
operators of this service were not anxious to reveal its
magnitude to investigators and that many loads probably
escaped notice, it becomes evident that the community has
for some months found this illegal service very convenient
and has extended it a very liberal patronage. It seems to
us conclusive proof of the convenience and necessity of
motor vehicle freight service between the points named.
'The
Department further finds that the application of Inland
Auto Freight, Inc. herein should be granted and the
applications of Grove B. Denman and W. W. Saults should be
denied. The Inland Auto Freight, Inc. is an established
carrier with adequate resources and a record which shows
careful observance of the provisions of the law and the
rules and regulations of the Department.
'The
present record clearly indicates that Grove B. Denman has
heretofore solicited and transported freight to points in
the Pend O'Reille Valley beyond the terminus of his
present certificate. The same fact appeared at the hearing
of a former application of Mr. Denman to furnish the same
service, which was held in Newport on December 14, 1927.
The Department does not believe willful disregard of the
law should be rewarded and if all other things were equal,
would deny the application of Mr. Denman for that reason
alone. * * *
'At
the hearing it was suggested on
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