relative location to the former. Compare Farmer-Purchase-Crouse, 45 M.C.C. 267. Nor is this defect cured by authority in defendant's certificate allowing it to operate over 'connecting highways,' for the clear intent of that phrase is to authorize operations over connecting highways between the termini set forth in the particular authority and in the sequence of intermediate points specifically named therein. There is still another reason why defendant may not tack the concerned authorities. It admittedly abandoned the Newark-New York segment of its Route Nos. 145-146, and accordingly has not preserved the character of the authorized service as is required by part (3) of the aforesaid conditions precedent to authorized tacking.' (Exhibit D, page D-5.)
The Commission, however, did go further to state that one regular route extending to the boundary of a municipality may be joined to another route extending from the same point on the boundary into a contiguous municipality if it appears such was the intent when the two authorities were granted, and then concluded such was not DeCamp's intention. Finally, the Commission felt that the case at hand was undistinguishable from Farmer-Purchase-Crouse, 45 M.C.C. 267, wherein it was held that tacking would not be permitted unless there is a point served in common or common gateway under separate authorized routes. An analysis of the two separate routes in question and consideration of the nature of the same does not disclose such a common gateway by which a through service may be performed by tacking the right to serve East Orange under Regular Route (3) to the right to serve the adjoining municipality of Bloomfield under Regular Route (1), and thus it appears that the cited case is controlling as indicated by the Commission.
The fact that the route over the Parkway in Bloomfield and East Orange may be the most practical or the best one does not bear upon issue if it is unauthorized and not within the scope of lawful operations. It certainly is not the only route and was not used previous to its existence. Even if it had been used for a considerable period of time, a motor carrier acquires no prescriptive rights by operation over an unauthorized route.
The rejection by the Commission of the assertion of authority to perform the questioned operation under the grant of authority in Regular Route (3) or by tacking said grant with the grant in Regular Route (1) is not without justification and the Commission's determination that DeCamp's operations were unlawful is warranted. The interpretation placed by the Commission on DeCamp's certificates is founded upon a rational basis and does not appear to be clearly erroneous.
DeCamp's final contention is that the procedures followed by the Commission denied to it fair hearing and 'Due Process.' Mainly, DeCamp urges it was not afforded the opportunity to be heard upon the issues on which the examiner and the Commission made their determinations. Suffice it to say that the issue of DeCamp's unauthorized operations certainly encompassed the issues relating to the derivation of authority for the questioned operations, such as tacking, segmentation or interpretation of city street certificates.
In reviewing the proceedings below, this Court cannot say that DeCamp was denied the opportunity to be heard. To the contrary, the record discloses DeCamp had ample opportunity to defend and substantiate its position on all such related issues. See New York Cent. & H. R.R. Co. v. Interstate Commerce Commission, 168 F. 131, 138 (C.C.S.D.N.Y.1909). Accordingly, DeCamp's contention is held to be without merit.
The Commission's actions in this matter are not arbitrary or capricious, they do not constitute an abuse of discretion; they are not clearly erroneous or otherwise not in accordance with the law. Hence, the order of the Commission cannot be enjoined, set aside, annulled or suspended.
Therefore, the Order of the Commission will be affirmed. An appropriate order will be prepared by counsel and entered, dismissing the complaint herein with prejudice to the plaintiff.