Transcontinental Bus System, Inc. v. State Corp. Commission, 6508

• Citation: 67 N.M. 56,1959 NMSC 106,352 P.2d 245
• Decision Date: 30 December 1959
• Docket Number: No. 6508,6508
• Parties: TRANSCONTINENTAL BUS SYSTEM, INC., Plaintiff-Appellee, v. STATE CORPORATION COMMISSION, John Block, Jr., Ingram B. Pickett, and James F. Lamb, Members of said Commission; and Geronimo Lines, Inc., Defendants-Appellants.
• Court: Supreme Court of New Mexico

Page 245

352 P.2d 245

67 N.M. 56

TRANSCONTINENTAL BUS SYSTEM, INC., Plaintiff-Appellee, v. STATE CORPORATION COMMISSION, John Block, Jr., Ingram B.

Pickett, and James F. Lamb, Members of said

Commission; and Geronimo Lines, Inc.,

Defendants-Appellants.

No. 6508.

Supreme Court of New Mexico.

Dec. 30, 1959.

Rehearing Denied June 9, 1960.

Hilton A. Dickson, Jr., Atty. Gen., Patricio S. Sanchez, Sp. Asst. Atty. Gen., for State Corporation Commission.

Jethro S. Vaught, Jr., Albuquerque, for Geronimo Lines, Inc.

Manuel A. Sanchez, Melvin T. Yost, Santa Fe, for appellee.

COMPTON, Justice.

Appellee, Transcontinental Bus System, Inc., operator of a bus line for the transportation of passengers and express over U. S. Highway 85 between Albuquerque, New Mexico, and El Paso, Texas, protested the application of Geronimo Lines, Inc. for an extension of its certificate to transport passengers, baggage, express, etc. between Truth or Consequences, New Mexico, and Albuquerque, New Mexico, and, having been unsuccessful, commenced this action pursuant to the provision of Sec. 64-27-68, 1953 Comp., to vacate the order of the Commission because it was unlawful and unreasonable.

Geronimo Lines, being an interested party, was joined as a defendant. Issue was joined on all matters of substance and, at the conclusion of the hearing, the trial court concluded that the order granting the extension was unlawful and unreasonable, and, from a judgment vacating the same, Geronimo appeals.

We pause to make the observation that this has been an endless battle for years between Transcontinental and Geronimo, the controversy now having reached us for the fifth time. State ex rel. Transcontinental Bus Service, Inc. v. Carmody, 53 N.M. 367, 208 P.2d 1073; Transcontinental Bus System, Inc. v. State Corporation Commission, 56 N.M. 158, 241 P.2d 829; Transcontinental Bus System, Inc. v. State Corporation Commission, 61 N.M. 369, 300 P.2d 948; State ex rel. State Corporation Commission of McCulloh, 63 N.M. 436, 321 P.2d 207.

The pertinent provisions of the Commission's Order read:

'Now, Therefore, It Is Ordered that Geronimo Lines, Inc. be and it hereby is granted an extension to Certificate of Public Convenience and Necessity No. 624 to operate a motor carrier service as follows:

'Transportation of passengers, baggage, express, newspapers, and U. S. Mail (in the same vehicle) between Truth or Consequences, New Mexico, and Albuquerque, New Mexico and intermediate points serving off-route points within a radius of one mile of U. S. Highways No. 60 and 85 and New Mexico State Highways No. 47 and 6 and farm-to-market routes with restricted passenger service between Isleta, New Mexico and Albuquerque, New Mexico on U. S. Highway 85, over regular routes, under scheduled service, and as more fully described as follows:

'1. From Truth or Consequences, New Mexico, to Albuquerque, and intermediate points via U. S. Highway No. 85.

'2. Between Truth or Consequences, New Mexico, to Socorro, New Mexico via U. S. Highway No. 85, serving San Antonio and Luis Lopez.

'3. Between Socorro, New Mexico and the intersection of U. S. Highway No. 60 and its junction with New Mexico State Highway No. 47 near Bernardo, New Mexico.

'4. Between the junction of U. S. Highway No. 60 and New Mexico State Highway No. 47, and Belen on State Highway No. 47 and the farm-to-market road serving Jarales and Veguita using State Road No. 6 for serving Belen.

'5. Between Belen, New Mexico, and Los Lunas, New Mexico via State Highway No. 47 using State Highway No. 6 for serving Los Lunas.

'6. Between Los Lunas, New Mexico and Albuquerque, New Mexico, via New Mexico State Highway No. 47, as well as via New Mexico State Highway No. 47 to Mountain View and Second Street S. W. from Mountain View to Aubuquerque.'

The Commission made numerous findings, largely evidentiary findings. The ultimate and material findings of the Commission are:

'(3) That portions of the route sought to be served by the applicant, to-wit: Portions of the territory between Belen, New Mexico, and Bernardo, New Mexico, and portions of the route between Socorro, New Mexico, and San Antonio, New Mexico, are not presently served by any motor carrier service.

'(4) That there is substantial and satisfactoy evidence in the record in the above-entitled and numbered cause from users, and as to the needs of the public as a whole, that the areas mentioned in Finding Number 3 hereof are in need of motor carrier service; that public convenience and necessity requires such service in said areas; and that existing transportation facilities in such areas are not reasonably adequate.

'(5) That applicant is fit, willing and financially able to conduct the proposed operation.

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'(16) That there is substantial and satisfactory evidence in the record given by users in the area sought to be served to establish that public convenience and necessity requires the proposed operation and that existing transportation facilities in the area sought to be served are not reasonably adequate.

'(17) That there is substantial and satisfactory evidence in the record given by witnesses competent to testify as to the public need, as distinguished from the needs of individual users, to establish that public convenience and necessity requires the proposed operation and that existing transportation facilities in the area sought to be served are not reasonably adequate.

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'(37) That the evidence establishes that public convenience and necessity require the proposed service.

'(38) That the evidence...