Dohrn Transfer Co. v. Hoegh
| Decision Date | 03 November 1953 |
| Docket Number | Civ. No. 2-386. |
| Citation | 116 F. Supp. 177 |
| Parties | DOHRN TRANSFER CO. v. HOEGH, Atty. Gen. of Iowa et al. |
| Court | U.S. District Court — Southern District of Iowa |
David Axelrod, Chicago, Ill. (Axelrod, Goodman & Steiner, Chicago, Ill., and Tipton & Tipton, Muscatine, Iowa, of counsel), for plaintiff.
Leo A. Hoegh, Atty. Gen. of Iowa, and Kent Emery, Asst. Atty. Gen. of Iowa, for defendants Leo Hoegh, Atty. Gen. of Iowa, and Pearl McMurray, Commissioner of Public Safety of Iowa.
D. C. Nolan, Special Assistant Commerce Counsel, Iowa City, Iowa, Ernest Porter, Commerce Counsel of Iowa, and James E. Steffarud, Assistant Commerce Counsel, Des Moines, Iowa, for defendants Carl W. Reed, Chairman, Iowa Commerce Commission, David Long, Commissioner, Iowa Commerce Commission, and John M. Ropes, Commissioner, Iowa Commerce Commission.
Before THOMAS, Circuit Judge, and GRAVEN and RILEY, District Judges.
On June 29th, 1953, the plaintiff filed its complaint herein asking for a declaratory judgment, preliminary injunction, and a permanent injunction. On June 30th, 1953, by order of District Judge William F. Riley, the hearing on the application of the plaintiff for a preliminary injunction was set for hearing at the Federal Court House at Des Moines, Iowa, on July 8th, 1953. On July 2d, 1953, an order was entered by Judge Archibald K. Gardner, Chief Judge of the United States Court of Appeals for the Eighth Circuit, organizing a three-judge court comprised of Circuit Judge Seth THOMAS, District Judge William F. RILEY, and District Judge Henry N. GRAVEN to hear the case. On July 8th, 1953, the application of the plaintiff for a preliminary injunction was heard by District Judge William F. RILEY. On July 13th, 1953, District Judge William F. RILEY entered an order for a preliminary injunction. On August 3d, 1953, the case came on for trial before the said three-judge court at the Federal Court House at Des Moines, Iowa. The parties presented their evidence on August 3d and 4th, 1953. On August 4th, 1953, the parties completed the presentation of their evidence, arguments of counsel were made, and the said case was submitted to the said three-judge court and by that court taken under advisement. Now, to-wit, on this 3d day of November, 1953, the said court, being fully advised in the premises, makes and enters the following Findings of Fact, Memorandum, Conclusions of Law, and Order for Judgment.
1. The plaintiff, Dohrn Transfer Company, is a corporation organized and existing under the laws of the State of Illinois. Its principal office is at Rock Island, Illinois. The defendant Leo Hoegh is the Attorney General of the State of Iowa. The defendant Pearl McMurray is the Commissioner of Public Safety of Iowa. That position is provided for by Section 321.2, Code of Iowa 1950, I.C.A. Under the provisions of Section 321.3, Code of Iowa 1950, I.C.A., as such Commissioner he is vested with the power and is charged with the responsibility of administering and enforcing the provisions of Chapter 321 of the Code of Iowa 1950, I.C.A. That Chapter contains, among other provisions, the provisions relating to the matter of registration of motor vehicles, including registration or license fees. The defendants Carl W. Reed, David Long, and John M. Ropes are members of the Iowa Commerce Commission. That commission is provided for by Section 474.2 Code of Iowa 1950, I.C.A. Chapter 325, Code of Iowa 1950, I.C.A., makes provision for the certification of motor carriers. Section 325.6 of that Chapter prior to a recent amendment hereafter referred to provided as follows:
"It is hereby declared unlawful for any motor carrier to operate or furnish public service within this state without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation."
The Iowa Commerce Commission is by related sections given jurisdiction and authority over motor carriers and is the commission referred to in Section 325.6, Code of Iowa 1950, I.C.A., just above set out.. Section 325.3, Code of Iowa 1950, I.C.A., provides, in part, as follows:
"The commission shall also have power and authority by general order or otherwise to prescribe rules and regulations applicable to any and all motor carriers. * * *"
The Iowa Commerce Commission was formerly known as the Iowa Board of Railroad Commissioners. See Section 7866, Code of Iowa 1935. William S. Beardsley, Governor of Iowa, was named as a party defendant prior to the hearing on the application for a preliminary injunction. At that hearing he was dismissed as a party defendant.
2. The Mississippi River constitutes the eastern boundary line of the State of Iowa. Starting on the north line of the State of Iowa and continuing to a point in the vicinity of Guttenberg that river follows a generally southern course. Starting in the vicinity of Guttenberg that river makes a large and long bend to the east. That bend results in a large bulge to the east. That bulge starts in the vicinity of the Town of Guttenberg and ends in the vicinity of the City of Muscatine. From Muscatine south to the City of Keokuk near the southern border of Iowa that river follows a general southerly direction with small bulges to the east and west. The City of Clinton is situated on the large bulge on the Iowa side of the river. South of Clinton on the Iowa side of the river, on the lower side of the large bulge, is situated the City of Davenport. Adjacent to it, on the Iowa side, is the City of Bettendorf. Across the river from those cities, on the Illinois side of the river, is situated the City of Rock Island. South of Davenport on the Iowa side of the river, in the area of one of the smaller bulges, is situated the City of Burlington. South of the City of Burlington on the Iowa side of the river, in the vicinity of the southern border of Iowa, is situated the City of Keokuk. Because of the location of Clinton on the large bulge referred to, the Cities of Davenport, Burlington, and Keokuk are west of that City. Because of the location of Davenport on the lower part of the large bulge, it is east of the Cities of Burlington and Keokuk. The City of Burlington is east of the City of Keokuk. The City of Galesburg, Illinois, is around forty miles from the Iowa border to the north and east of the Cities of Burlington and Keokuk. All of the cities referred to, except Galesburg, are situated on the Mississippi River. The cities referred to have the following populations according to the 1950 census:
Bettendorf, Iowa ............. 5,132
Burlington, Iowa ............. 30,613
Clinton, Iowa ................ 30,379
Davenport, Iowa .............. 74,549
Keokuk, Iowa ................. 16,144
Rock Island, Illinois ........ 48,594
Galesburg, Illinois .......... 31,425
There are paved highways running in a general north and south direction on both sides of the river. Because of the presence of the large bulge and some of the smaller bulges, the travel distance on main highways between some of the Iowa cities referred to is shorter on the Illinois side of the river than it is on the Iowa side of the river. In other cases the travel distances on main highways between the Iowa cities referred to are the same on both sides of the river. In other cases the travel distances on the Illinois side are slightly longer. The travel distance between Rock Island, Illinois, and Burlington, Iowa, using the Illinois highways, is 73 miles. The travel distances between the following Iowa cities are as follows:
Bettendorf to Burlington thru Illinois 77 miles
thru Iowa 81 miles
Bettendorf to Clinton thru Illinois 38 miles
thru Iowa 35 miles
Bettendorf to Keokuk thru Illinois 120 miles
thru Iowa 124 miles
Burlington to Clinton thru Illinois 116 miles
thru Iowa 116 miles
Burlington to Davenport thru Illinois 74 miles
thru Iowa 78 miles
Burlington to Keokuk thru Illinois 43 miles
thru Iowa 43 miles
Clinton to Davenport thru Illinois 41 miles
thru Iowa 38 miles
Clinton to Keokuk thru Illinois 159 miles
thru Iowa 159 miles
Davenport to Keokuk thru Illinois 117 miles
thru Iowa 121 miles
The desirability of using the highways on one or the other side of the river could be affected by highway conditions and by the conditions in regard to bridges.
3. On January 10th, 1936, the plaintiff filed an application with the Interstate Commerce Commission for a certificate of public convenience and necessity for the interstate transportation by motor carrier. It claimed that it and its predecessor since prior to June 1st, 1935, had been engaged in the interstate transportation by motor carrier between a large number of points in Illinois, Iowa, and Missouri. The plaintiff in its application asked that a certificate of public convenience and necessity be issued to it covering the places between which it was transporting goods as a motor carrier on June 1st, 1935, and the routes by which it was transporting such goods. In said application the plaintiff claimed the right to transport goods by motor carrier between points in Iowa, Illinois, and Missouri. The Iowa points involved were the border points of Davenport, Bettendorf, Clinton, Burlington, and Keokuk. The Interstate Commerce Commission directed that a hearing be held on the plaintiff's application. A number of protests were made to the granting...
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