4. Hearings on the Public Service application were had before Joint Board No. 119, which, on December 1, 1945, filed its report and order recommending the denial of the application.
5. Hearings on the Consolidated application were had before the Commission's Examiner, who, on December 1, 1945, filed his report recommending denial of the application.
6. Public Service and Consolidated filed exceptions to the respective recommendations. These were reviewed by Division 5 of the Commission, which, on January 5, 1947, filed its report reversing the findings of Joint Board 119 and the Examiner. An order was entered thereafter allowing the applications except as to operating over the uncompleted portions of the new highway S-3.
7. Plaintiffs petitioned the Commission for rehearing, which petition was denied December 4, 1947.
8. Promptly thereafter plaintiffs brought this action to enjoin, set aside, annul and suspend the orders of the Commission allowing the applications of Public Service and of Consolidated.
9. The matter was argued orally before this court convened pursuant to statute on February 25, 1948, and briefs have been submitted.
Conclusions of Law
We conclude as matters of law:
1. The court has jurisdiction of the parties and of the subject matter of this suit.
2. The Commission's report and order of January 2, 1947, were within the statutory authority of the Commission
3. The findings of the Commission contained in its report and order of January 2, 1947, are clearly sufficient to sustain its said order of that date.
4. The findings of the Commission contained in its report and certificate of January 2, 1947, are supported by substantial evidence sufficient to support its conclusions as expressed in its report of January 2, 1947.
5. The Administrative Procedure Act, Chapter 19, Section 1007(b), 5 U.S.C.A., was not in effect at the time the applications of the Public Service and of Consolidated to the Interstate Commerce Commission, above referred to, were made. Said Administrative Procedure Act has no bearing upon the Commission's action upon the petition for rehearing in this case.
6. The order of the Commission of December 4, 1947, denying plaintiffs' petition for rehearing was based upon consideration by the Commission of the records in the proceedings, of plaintiffs' petition and of the reply petitions and of plaintiffs' supplemental petition. It was in proper form.