Railroad Commission v. Tips

McCLENDON, Chief Justice.

This case is ruled by the decisions in McDonald v. Thompson, 305 U.S. 263, 59 S.Ct. 176, 83 L.Ed. -; and Winton v. Thompson, Tex.Civ.App., 123 S.W.2d 951, error refused. The suit was by Tips to enjoin the Commission and other officials from interfering with his operation over Texas highways of trucks for hire engaged exclusively in interstate and foreign traffic. He had never applied for nor obtained a certificate or permit from the Commission, but asserted the right to operate interstate without such permit under the “grandfather clause” of the Federal Motor Carrier…