The court does not substitute its opinion for that of the Commission so long as there is substantial evidence in the record to support the Commission's findings. Riss and Co., Inc. v. United States, 100 F.Supp. 468 (W.D.Mo.1951), aff'd 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, reh. den. 343 U.S. 937, 72 S.Ct. 769, 96 L.Ed. 1344; Anderson Motor Service v. United States, 151 F.Supp. 577 (E.D.Mo.1957). In the Anderson case, this court reiterated the accepted rule that if a Commission order lies within its statutory authority and is based upon adequate findings, which in turn are supported by substantial evidence, the order may not be set aside on review.
In appeals from decisions of the Interstate Commerce Commission, it is not the function of the reviewing court to act as a factfinding body, but rather to determine whether the Commission's findings are supported by substantial evidence. Riss & Co., Inc. v. United States, 100 F.Supp. 468 (W.D.Mo.1951) affirmed 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, rehearing denied 343 U.S. 937, 72 S.Ct. 769, 96 L.Ed. 1344. If a rational basis for the conclusions of the Commission exists, its decision will not be disturbed.
This restricted scope of judicial review is applicable to "grandfather" proceedings. United States v. Carolina Freight Carriers Corp., supra; United States v. Maher, 307 U.S. 148, 153-154, 59 S.Ct. 768, 83 L.Ed. 1162 (1931), reh. denied 307 U.S. 649, 59 S.Ct. 831, 83 L.Ed. 1528; Motor Freight Express v. United States, 119 F. Supp. 298, 303 (M.D.Pa.-1954), affirmed 348 U.S. 891, 75 S.Ct. 215, 99 L.Ed. 700; Riss Co. v. United States, 100 F. Supp. 468, 483 (D.Mo.-1951), affirmed 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, reh. denied 343 U.S. 937, 72 S.Ct. 769, 96 L.Ed. 1344. The granting of areas or points of origin and destination in a given case has been entrusted by the Congress to the Commission whose judgment in each matter has been characterized as being "highly expert." It is only where the error is patent that the Courts may say the Commission has transgressed its authority.
" United States v. Pierce Auto Freight Lines, Inc., 327 U.S. 515, 536, 66 S.Ct. 687, 698, 90 L.Ed. 821; Interstate Commerce Commission v. Union Pacific Railroad Company, 222 U.S. 541, 32 S.Ct. 108, 56 L.Ed. 308; United States v. Carolina Freight Carriers Corporation, 315 U.S. 475, 484, 490, 62 S.Ct. 722, 86 L.Ed. 971. In Riss Company, Inc. v. United States (D.C. Mo.) 100 F. Supp. 468, 483, affirmed 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, the trial court pertinently said: "The Commission is the fact-finding body.
The plaintiffs filed a motion for reconsideration and alleged that the Commission modified its previous Order without granting notice and hearing which motion was denied. Cf., Riss Co. v. United States, 100 F. Supp. 468 (W.D.Mo.). Plaintiffs now urge "The Commission acted arbitrarily, capriciously and exceeded its jurisdiction in modifying its order of October 6, 1964," citing American Trucking Ass'ns v. Frisco Transp. Co., 358 U.S. 133, 79 S.Ct. 170, 3 L.Ed.2d 172 (1953).
49 U.S.C. § 307 (a) provides that "a certificate shall be issued to any qualified applicant therefor * * * if it is found * * * that the proposed service * * * is or will be required by present or future public convenience and necessity; otherwise such application shall be denied * * *." Riss Co., Inc. v. United States, 100 F. Supp. 468 (D.C.W.D.Mo. 1951) aff'd. 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, rehrg.
Alton R. Co. v. United States, 315 U.S. 15, 23, 62 S.Ct. 432, 86 L.Ed. 586; United States v. Pan American Petroleum Corp., 304 U.S. 156, 158, 58 S.Ct. 771, 82 L.Ed. 1262; United States v. Detroit Cleveland Navigation Co., 326 U.S. 236, 241, 66 S.Ct. 75, 90 L.Ed. 38; United States v. Pierce Auto Freight Lines, Inc., 327 U.S. 515, 535, 66 S.Ct. 687, 90 L.Ed. 821. In Riss and Co., Inc. v. United States, D.C., 100 F. Supp. 468, at page 483, affirmed 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, rehearing denied 343 U.S. 937, 72 S.Ct. 769, 96 L.Ed. 1344, the lower court said: "The Commission is the fact-finding body.
They further contend that the court can only determine whether or not the Commission's findings are supported by substantial evidence. Riss Co., Inc. v. United States, D.C.W.D.Mo., 100 F. Supp. 468, affirmed 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, rehearing denied 343 U.S. 937, 72 S.Ct. 769, 96 L.Ed. 1344. Plaintiffs, on the other hand, state that a reviewing court when passing on the validity of a Commission order should ascertain whether it is supported by substantial evidence on the record considered as a whole.
"* * * Although the Court and the Commission might differ with respect to the weight of the evidence, or what the evidence reveals, yet that does not give the Court the right to decide whether or not the Commission is mistaken in its findings, if there is substantial evidence upon which to base these findings. * * *" Riss Co. v. United States, D.C.W.D. Mo. 1951, 100 F. Supp. 468, 483, affirmed without opinion 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, rehearing denied 343 U.S. 937, 72 S.Ct. 769, 96 L.Ed. 1344. "The purpose of Congress was to leave to the Commission authoritatively to decide whether additional motor service would serve public convenience and necessity. * * * This, of course, gives administrative discretion to the Commission * * * to draw its conclusion from the infinite variety of circumstances which may occur in specific instances." Interstate Commerce Commission v. Parker, 1945, 326 U.S. 60, 65, 65 S.Ct. 1490, 1493, 89 L.Ed. 2051. "The function of the reviewing court is * * * limited to ascertaining whether there is warrant in the law and the facts for what the Commission has done.
United States v. Pierce Auto Freight Lines, 327 U.S. 515, 536, 66 S.Ct. 687, 698, 90 L.Ed. 821. See also Riss Co., Inc. v. United States, D.C., 100 F. Supp. 468, affirmed 342 U.S. 937, 72 S.Ct. 559, 96 L.Ed. 697, rehearing denied 343 U.S. 937, 72 S.Ct. 769, 96 L.Ed. 1344. We cannot say that the findings and record furnish no support for the Commission's denial of Chesapeake's application.