time lost waiting for the making up of a full truck load. It also claims a unique service for less-than-truckload shipments of central Virginians who ship commodities to southwest Virginia and Kentucky and who otherwise would suffer long delays on deliveries or would be obliged to ship by special truck at higher rates. While these considerations are not controlling, they throw light on petitioner's claim of bona fides.' Against this was proof by Virginia, 359 U.S. p. 175, 79 S. Ct. p. 717, 3 L. Ed. 2d 717, '* * * that petitioner's routes were circuitous and often long, sometimes exceeding twice the shortest possible route. However, it offered no direct evidence of bad faith on the part of petitioner in moving its traffic through Bluefield, West Virginia.'
The Supreme Court made no attempt to decide the question of bad faith in Service because it was of the opinion and so held, 359 U.S. p. 177, 79 S. Ct. p. 718, 3 L. Ed. 2d 717: 'It appears clear that interpretations of federal certificates of this character should be made in the first instance by the authority issuing the certificate and upon whom the Congress has placed the responsibility of action.' The case was therefore reversed with the suggestion to the Commonwealth of Virginia that (359 p. 179, 79 S. Ct. p. 719, 3 L. Ed. 2d 717): 'If it believes that petitioner's operation is not bona fide interstate operation is not bona fide interstate its jurisdiction, it can avail itself of the remedy Congress has provided in the Act. Section 204(c), supra, note 2, authorizes the filing of a 'complaint in writing to the Commission by any * * * State board * * * (that) any * * * carrier * * *' has abused its certificate.' Generally regarding 'bona fide operation' see McDonald v. Thompson, 305 U.S. 263, 266, 59 S. Ct. 176, 83 L. Ed. 164 (1938); Eichholz v. Public Service Commission of Missouri, 306 U.S. 268, 274, 59 S. Ct. 532, 83 L. Ed. 641, Pet for rehrg. den. 306 U.S. 622, 59 S. Ct. 532, 83 L. Ed. 641 (1939).
In these actions Pennsylvania has followed the course charted by the Supreme Court. The latter in Service noted the finding of the Interstate Commerce Commission in its own Service declaratory opinion, 71 M.C.C. 304. The Commission there acted on the carrier's petition for a declaratory order interpreting its certificate. The Virginia Commission did not participate in that proceeding. The I.C.C. construed petitioner's certificate as authorizing Virginia to Virginia traffic routed through Bluefield, West Virgina. As to this, it states, as quoted in Service, Note 4, 359 U.S. p. 178, 79 S. Ct. p. 718, 3 L. Ed. 2d 717: 'In the absence of any showing that petitioner's use of its authorized route is a subterfuge to avoid State regulation, or other than a logical and normal operation through the carrier's headquarters, we are of the opinion that petitioner's operations, in the manner described, constitute bona fide transportation in interstate commerce.' There was no occasion under the circumstances for the Supreme Court to pass upon that rule in its Service opinion. It is, however, squarely before us now and is in our judgment a sound, fair test for evaluating the operations of the carriers with which we are concerned.
From all of the evidence in these two suits the unavoidable conclusion is that the Hudson and Arrow routes involved are not logical and normal operations through their headquarters; that the use by Hudson and Arrow of their tacked on routes is a deliberate, calculated method employed by those carriers to avoid the unfavorable consequences to them of their intrastate Pennsylvania traffic coming within the rightful jurisdiction of the Utility Commission of that Commonwealth. Said evidence overwhelmingly points to those tacked on routes as artificial, contrived arrangements adopted by Hudson and Arrow in order to obtain desirable Pennsylvania intrastate business which would be otherwise unavailable to them. The record makes it very clear that we are here dealing not with bona fide transportation in interstate commerce but with a mystic maze route which is a more or less shrewd expedient designed solely to escape the control of the Pennsylvania Commission. In the full sense of the word, the operations are subterfuges.
It is strongly evident from the whole of the evidence that plaintiffs have abused their disputed certificates and that the Interstate Commerce Commission was justified in so finding and in issuing its cease and desist orders. This was appropriate action in accordance with the opinion of the Supreme Court in Service, supra, and with the mandate of the National Transportation Act 'to cooperate with the several States and the duly authorized officials thereof'. 49 U.S.C. Preamble to the Interstate Commerce Act.
The complaints will be dismissed.