Darrell v. Boylan v. United States

Darrell Y. Boylan was convicted on all three counts of an information charging him with engaging in the business of a contract carrier by water without first obtaining a permit from the Interstate Commerce Commission (Commission). A fine of four hundred dollars was imposed on the first count. On the other two counts the imposition of sentence was suspended and Boylan was put on probation for a period of three years. Boylan appeals.

It is provided in section 309(f) of the Interstate Commerce Act (Act), 49 U.S. C. § 909(f), that, with exceptions not here material, no person shall engage in the business of a contract carrier by water unless he or it holds an effective permit issued by the Commission authorizing such operation. Under section 317 (a) of the Act, 49 U.S.C. § 917 (a), a knowing and wilful violation of section 309(f) is a misdemeanor.

The cause was tried to the court on the following stipulated facts. In April and May, 1960, Boylan was engaged in business as Richland Tug and Ferry. On April 27, May 5, and May 11, 1960, under individual contracts or agreements, he furnished for compensation the tug “Bonnie B” to Montag-Halvorson-Mc-Laughlin and Associates, a construction…