Opinion
No. 39151
Decided June 2, 1965.
Motor transportation companies — Private contract carrier — Application for permit — Deficiency in subsisting service — Disparity in rates warranting issuance of permit.
APPEAL from the Public Utilities Commission.
The Robertson Tank Lines, Inc., an appellee herein, filed with the Public Utilities Commission an application for a contract carrier's permit to transport property for the Texas Gulf Sulphur Company, Inc., from Hamilton County to other points in Ohio. The appellants herein, certified carriers, were protestants in the proceeding before the commission.
The commission found a deficiency in service existing between the protestants and the applicant, by reason of a disparity of rates, and issued an order granting the application.
An appeal from the order of the Public Utilities Commission brings the cause to this court for review.
Mr. Herbert Baker and Mr. James R. Stiverson, for appellants.
Mr. William B. Saxbe, attorney general, Mr. Theodore K. High, Messrs. Laylin, McConnaughey Stradley and Mr. David Stradley, for appellees.
The findings and order of the Public Utilities Commission are not unreasonable or unlawful. The amendment of Section 4923.07, Revised Code (130 Ohio Laws 1163), by the addition of the words, "The commission in making its decision shall not be governed solely by the matter of rates," which amendment became effective on October 14, 1963, and was not made applicable to pending actions, is not applicable to the instant case which was begun in July 1963 and was pending when the amended statute became effective. See Erie-Lackawanna Rd. Co. v. Public Utilities Commission, 174 Ohio St. 548. The order of the commission is affirmed on authority of Wooster Freight Lines., Inc., v. Public Utilities Commission, 163 Ohio St. 11, and Bulk Transport Corp. v. Public Utilities Commission, 175 Ohio St. 29.
Order affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.