Service Storage Transfer Co v. Commonwealth of Virginia

• Decision Date: 30 March 1959
• Docket Number: No. 92,92
• Parties: SERVICE STORAGE & TRANSFER CO., Inc., Petitioner, v. COMMONWEALTH OF VIRGINIA
• Court: U.S. Supreme Court

359 U.S. 171

79 S.Ct. 714

3 L.Ed.2d 717

SERVICE STORAGE & TRANSFER CO., Inc., Petitioner,

v COMMONWEALTH OF VIRGINIA.

No. 92.

Argued Feb. 26, 1959.

Decided March 30, 1959.

Mr. Francis W. McInerny, Washington, D.C., for the petitioner.

Mr. Robert D. McIlwaine, III, Richmond, Va., for the respondent.

Mr. Justice CLARK delivered the opinion of the Court.

Petitioner, an interstate motor carrier certificated by the Interstate Commerce Commission, but without a permit from Virginia allowing intrastate operations, was fined $5,000 by the State Corporation Commission for carrying 10 shipments of freight alleged to have been of in intrastate character and, therefore, in violation of Chapter 12, Title 56, of the Code of Virginia.¹ The shipments in question originated at Virginia points and were destined to Virginia points but were routed through Bluefield, West Virginia, where petitioner maintains its main terminal. They were transported in a vehicle with freight destined to points outside of Virginia. Upon arrival at Bluefield the freight destined to Virginia was removed and consolidated with freight coming to the terminal from non-Virginiaori gins. It then moved back into Virginia to its destinations. The Corporation Commission found that the routes thus employed through Bluefield were a subterfuge to evade state law. The Virginia Court of Appeals agreed but directed that the fine be reduced to $3,500 because of a failure of the Commonwealth's case on three of the shipments. 199 Va. 797, 102 S.E.2d 339. Petitioner pleads that Virginia's interpretation of its operations conflicts with its interstate certificate as well as an interpretation thereof by the Interstate Commerce Commission. It claims that respondent was without power thus to impose criminal sanctions on its certificated interstate operations. We granted certiorari, 358 U.S. 810, 79 S.Ct. 25, 3 L.Ed.2d 54, to test out the conflicting contentions. We agree with the petitioner that under the facts here the interpretation of petitioner's interstate commerce certificate should first be litigated before the Interstate Commerce Commission under the provision of § 204(c) of the Interstate Commerce Act, 49 U.S.C. § 304(c), 49 U.S.C.A. § 304(c).²

Petitioner operates its truck lines in parts of Virginia and West Virginia. Its activity is carried on under a certificate of convenience and necessity issued by the Interstate Commerce Commission. The petitioner's pres- ent I.C.C. certificate is a combination of its original 1941 certificate and a second certificate issued in 1943 upon its purchase of the operating rights of another carrier. Neither it nor its predecessor held a certificate from the State Corporation Commission authorizing any intrastate carriage. It is authorized under the relevant parts of its interstate certificate to transport general commodities as a motor common carrier in interstate commerce:

'Between Bluefield, Va., Bluefield, W. Va., and points and places within five miles of Bluefield, W. Va.

'Between Bluefield, Va., and points and places within five miles of Bluefield, Va., and those within five miles of Bluefield, W. Va., respectively, on the one hand, and, on the other, points and places in that part of Virginia and West Virginia within 75 miles of that territory. Between Bluefield, W. Va., on the one hand, and, on the other, points and places in West Virginia, that part of Virginia west of U.S. Highway 29 and south of U.S. Highway 60 including points and places on the indicated portions of the highways specified, and that part of Virginia north of U.S. Highway 60 which is within 80 miles of Bluefield, W. Va.'

Petitioner's metho of operation is uncontradicted in the record. It maintains its headquarters in Bluefield, West Virginia, and terminal points in Virginia at Bristol and Roanoke. Its main activity is the movement of freight of less-than-truckload shipments. In order to gather the shipments and, by combining them, make up a full truck load it operates 'peddler runs' from its Virginia terminals which serve as pick ups for freight in the vicinity. All of the traffic is directed through the Bluefield, West Virginia, terminal. About three percent of the traffic consists of shipments destined from one Virginia point to another while the remainder is directed from points within to those outside that State. The freight gathered by the 'peddler runs' is combined at a terminal and placed in an 'over the road' tractor trailer unit and carried to Bluefield, West Virginia. There it is broken down and combined with other shipments received from all of the other runs of petitioner. That part destined to points in and around Bluefield is delivered locally through 'peddler runs' operated from that terminal. The remainder is sorted out for forwarding to the terminal nearest its destination and is 'filed out' by 'over the road' operation. Upon arrival at the latter terminal it is delivered by 'peddler runs' to its local destination.

The Commonwealth's criminal case is bottomed on shipments the origin and final destination of which are in Virginia. While it stipulated that all of these shipments were routed through Bluefield, West Virginia, and were, therefore, on their face interstate shipments,³ Virginia takes the position that they were clearly intrastate in character because had they been moved over direct routes none would ever have left the Commonwealth. It contends that petitioner's circuitous and unnecessarily long routes were a mere subterfuge to escope intrastate regulation and evade its jurisdiction. Aside from the testimony of highway officers as to the actual shipments, none of which is disputed, the Commonwealth's evidence consisted solely of maps substantiating its position that petitioner's routes were circuitous and often long, sometimes exceeding twice the shortest possible route. However, it offered no direct evidence of bad faith on the part of petitioner in moving its traffic through Bluefield, West Virginia.

On the other hand, petitioner offered the testimony of its manager and others as to the bona fides of its opera- tion. It proved that it and its predecessor-operator had been carrying on its business in Virginia in a similar manner for many years and that it enjoyed certificates from the Interstate Commerce Commission authorizing its operations. Petitioner admits that some of its routes are circuitous but claims this is because of its method of gathering less-than-truckload shipments regardless of final destination and routing them through its 'gateway' terminal at Bluefield where they are assorted according to final destination. It stands uncontradicted that its operation is not only practical, efficient and profitable, but also that the creation of this 'flow of traffic' is a timesaver to the shipper since there is less time lost waiting for the making up of a full truckload. It also claims a unique service for less-than-truckload shipments of central Virginians who ship commodities to southwest Virginia and Kentucky and who otherwise would suffer long delays on deliveries or would be obliged to ship by special truck at higher rates. While these considerations are not controlling, they throw light on petitioner's claim of bona fides.

In Castle v. Hayes Freight Lines, 1954, 348 U.S. 61, 63—64, 75 S.Ct. 191, 192, 99 L.Ed. 68, we observed that 'Congress in the Motor Carrier Act adopted a comprehensive plan for regulating the carriage of goods by motor truck in iners tate commerce.' We pointed out that 49 U.S.C. § 312, 49 U.S.C.A. § 312, provides 'that all certificates, permits or licenses issued by the Commission 'shall remain in effect until suspended or terminated as herein provided'. * * * Under these circumstances, it would be odd if a state could take action amounting to a suspension or revocation of an interstate carrier's commission-granted right to operate.' To uphold the criminal...