Cummings Trucking Co. v. Alabama Public Service Commission

MADDOX, Justice.

This appeal arises out of a misdemeanor citation issued to Cummings Trucking Company by Alabama Public Service Commission enforcement officers. The citation *464charged that Cummings, by hauling crushed stone from Shelby County to Tuscaloosa, exceeded its hauling authorization under a certificate of public convenience and necessity issued by the Commission over 40 years ago.

Cummings had applied for a general commodities certificate in 1941 under the “grandfather” provision of the Alabama Motor Carrier Act of 1939, Code 1940, Tit. 48, § 301(8). That act provided that the Commission…