West Coast Fast Freight, Inc. v. United States

Appellant is a motor carrier holding a certificate of convenience and necessity from the Interstate Commerce Commission, hereafter Commission, to engage in transportation in interstate or foreign commerce. It is authorized to engage in the transportation of “commodities generally, * * * except dangerous explosives,” between certain designated points.

Sometime prior to the year 1950 the United States Government Sierra Ordnance Depot at Herlong, California, began routing traffic over appellant’s lines. The shipments with which we are here concerned were transported from Herlong, California, to San Francisco or Oakland, California, by Wells Cargo, Inc., a connecting motor carrier. At Oakland or San Francisco the freight was turned over to appellant for transportation to Washington or Oregon points.

Appellant was charged in thirteen counts with transporting, in interstate commerce, shipments of dangerous explosives without there being in force and effect with respect to appellant a certificate of public convenience and necessity issued by the Interstate Commerce Commission authorizing such interstate operations.

In order to sustain the convictions against appellant it is of course…