United Truck Lines, Inc., a Corporation, and Oregon-Washington Transport, a Corporation v. United States

By information filed in the court below appellant United Truck Lines was charged with knowingly and willfully engaging in an interstate operation on a public highway as a common carrier by motor vehicle in violation of 49 U.S.C.A. § 306 (a) and 18 U.S.C.A. § 2 . On a trial to the court it was adjudged guilty and fines were imposed.

The facts were stipulated. United, under a certificate of public convenience and necessity issued by the Interstate Commerce Commission, has authority to serve, among other areas, Benton County, Washington. It is not authorized to serve any point in Oregon in the considered area, specifically Umatilla County, Oregon. The two counties lie immediately opposite each other on either side of the Columbia River.

For the purpose of construction of the MeNary Dam across the Columbia the United States preempted or reserved certain lands on both sides of the river, lying partly in one of the counties named and partly in the other. Construction was commenced on the Benton County side. United, under its certificate, could and did serve and transport property to that part of the project. When construction of the dam was shifted to the Oregon side, United extended…