under this ruling, services by defendant to that point would not be authorized. It is incumbent upon defendant to familiarize itself with the rulings of the Commission and to follow the administrative procedure set up to obtain the proper authorization of its service. It cannot be said that it is the duty of the Commission to define the terminal area of each and every motor carrier, and until that is done, that the Commission has not the right to prevent a motor carrier from acting in a manner which it (the carrier) deems lawful. Rather, the common carrier, who is in a position to apply for authority, has the burden of securing the same in what it deems to be a borderline case. However, in the instant case the rulings of the Commission concerning the limits of the City of Philadelphia were ample for the purpose of determining whether shipments to Beverly, New Jersey, may be included in authorization to service Philadelphia, and we conclude that the defendant was not warranted in assuming that by reason of any act of omission or commission by the Interstate Commerce Commission it had a right to deliver in Beverly, New Jersey, as charged in the information.
For its fourth point the defendant urges the fact that an application was made to the Commission by defendant seeking authorization to serve points within 5 miles of Philadelphia before the filing of this information but after the violations complained of therein, the granting of which has been recommended by one of the Commission's hearing officers.
The filing of the application 2 months after the last transaction of which complaint is made has no relevancy to the guilt or innocence of defendant. We cannot sustain defendant's argument that it affects such question.
Defendant's fifth point is that it is the equivalent of an 'operating department' of the Baltimore Transfer Company which has a sufficient certificate of public convenience and necessity for operation within 5 miles of Philadelphia. It submits that its operations are encompassed by the 'grandfather' certificate of the Baltimore Transfer Company giving it a lawful right to make the shipments in question to Beverly, New Jersey. In support of this point it pointed to its proof showing that the Baltimore Transfer Company owns its stock and that the officers of the two companies are substantially the same; that the only reason defendant was organized as a corporation in Pennsylvania was in order to meet that state's statutory requirements; that detailed entries in the books of both companies are made of counter-charges at terminal points; that equipment for use in transportation is interchanged between the two companies; that the solicitation of accounts for both companies is carried on by the same solicitors; that it does all the terminal work for its parent, the Baltimore Transfer Company, and itself around Philadelphia and takes care of these shipments as a department of its parent set up for that purpose.
It does admit that in the particular instances of these deliveries to Beverly, New Jersey, it did not set up a charge against its parent on its books and receive an equivalent credit from its parents, which is customary for shipments made for the benefit of the parent company. In support of this point, defendant argues that the government is in fact attacking a method of doing business which is trivial and should not be permitted to convert innocent transactions into criminal offenses.
This contention of defendant must prove futile. It may be conceded that full ownership and control rests in the parent corporation, but they are two separate corporations and separate records are kept. Credits to the account of defendant are made only for business of defendant. Each company operates under separate authority of the Interstate Commerce Commission. There is no proof that the shipments which are the subject of this information were made for or on behalf of the parent. In fact, the bookkeeping entries for these shipments show the contrary and establish that the shipments to Beverly, New Jersey, were made by and for the benefit of defendant, which was credited in the full amount of the compensation received for its services. An analogous situation to the contention of the defendant is that of a father and a son, both of whom are fishermen. The son is unemancipated. The father has a fishing license from the States of New Jersey and Pennsylvania, whereas his son is only licensed to fish in New Jersey. While fishing in Pennsylvania, a warden arrests the son for not having a license to fish in that state. The son claims that the arrest is improper and defends on the theory that he is using his father's license to fish in Pennsylvania. He could not succeed in overcoming the warden's charge. In relying on the rights of the Baltimore Transfer Company to deliver 5 miles outside of the limits of Philadelphia, defendant is in no better position though the analogy may be a bit oversimplified. We cannot agree with defendant on this point.
Finally, it is urged that the meaning of the statute and administrative regulations thereunder upon which the information is based are at present so lacking in that measure of reasonable certainty and clarity that a conviction of the defendant on the facts involved herein would be a denial of due process of law under the Fifth Amendment of the Constitution of the United States.
The defendant cites the case of Schechter Corporation v. United States, 295 U.S. 495, 55 S. Ct. 837, 79 L. Ed. 1570, 97 A.L.R. 947, in support of its argument that prosecutions may not be maintained against otherwise innocent people for violations of hazy, conflicting, wholly indefinite and vexatious governmental requirements, even if given definiteness by a presidential administrative order. Our foregoing considerations constrain us to the belief that there was valid and legal basis in fact and in law for this prosecution against the defendant and that the Schechter case has no application because the constitutional rights of the defendant have not been similarly invaded in this case.
We feel that the boundary line beyond which it was illegal for defendant to operate had reasonably clear definition. The defendant operated outside of it at its peril. When agitated by the prospect of prosecution it sought, through the conventional course, to have the Interstate Commerce Commission make a determination consonant with its idea of its proper area of operation. It should have done so before it performed the transactions alleged in the information. That it did so afterward and the general trivial nature of defendant's acts of which complaint are made, when compared with its scope of operation, cannot be held to exculpate defendant of guilt, but go rather to the mitigation of the penalty which defendant has incurred.
A judgment will be entered holding the defendant guilty on all counts of the information and sentence will be imposed on Saturday, April 14, 1945, at Trenton.