:? 

OFFICE OF THE ATTORNN GENERAL OF TEXAS 

AUSTIN 

Honorable Jams M. Xildrty 

Director, Xotor Transportation Division 

Railroad Coxul8sfon or Texas 

Austin, Texas 

Dear Sir: ODlnlon x0. 

ri ro3pome tG t::e 

ho Railroad Comziu~lon 

OSJL-tifiCdX Gf 

09, authorizing the mid 

orate a8 a comon corrisr 

via Eearm erd 

rend 44, ena 

lo n3a lYOl.lklL" 

KGS. 44 and 72, but tho euthority 0r 

to transport froi,c:tit over tke above 

to the following rastrictions: 

ho npplioent Is exgrossly prohibited and roatrfcted fr;;rrr rondurlng 

any oo.mion onrrler service OG frel*t 

both intrastate un6 intarsttito, o?i&- 

natlng in or deetinad to Ecrtrna, i;ockdale, La Gmxq~e or intemodlate point8 

between Braaond rmd La Grsngo. 

"2. The opplioant is expressly snhiblted and rentrioted iron mnderiq any 

6ommcm oarrlsr 8ervlae on rrei~t , both 
,-- 

libnorable James ab. Klldoy, cay il, 1939, Pai;e 2 

interstate and intrastate, originnt1nC in 

or destined to Eallotsvillo or Yoc.kiix. 

"3. The aPplionnt Is expressly prohibited 

and restricted from transporting over this 

rout0 nny freight, including,intarc~Ein~c 

rrelght including both intrastuic a:d interstate ireight, from Port Korth, Cclles 

or v&co and destined to Fastrop, Snitiiville, Seguin or Luling and freight originating in suoh points ma dostinod to Fort 

Worth, Dallas or iinco. 

"4. Tho nppliaant is oxprassly proSbite& 

end rostriotcd from transporting Gvor tfi:s 

rout0 any rroigm inchdin~ interchzng~ 

freight and ih0iuain~ both intrastate and 

interstate fraight, from Tort i?Grth, Dcllns 

or XacO and destined to Austin, San Antonio, 

or ilouston and freight, including lnterchange freight and inciuding both interstate snd intrastato freight Eron San Antonio, or Houston and destined to Fort 

Worth, Dallas or :‘ino~.~ 

You advise that the i?erdor Truck Lines, serving 

in that portloular section, has n'certllicatc with all 

rights Md no restrictiOns tG pick up freight and intcrlino some at all points On its route, inoluding liCllct3- 

vi110 and Yookun. 8160, wo nro advised thnt Sad hrrox 

sl:jO holds oertifioate No, 2761 issued on February 14, 

1934, authorizing operation as a.commGn carrier motor 

ocrrier from Austin to La Grange end La Grange to schulenburg~with the restriotion that Red rirrot; should 50 prohibited from serving Lo. Grange on shipments orlgincting 

in Houston and rrom serving Houston on shipments orizinating in La Grange. Under such certificate said Red Arrow was also prohibited from serving BnstrGp nnd Smithville on shipments 0rir;inatin g in Austin or at poiilt3 between Austin and San Antonio, such rcntrictlon slso opplying on shipments originating ot Smithvllle or Bcstrop 

aestimd to Austin or points intermediate between Smithvllle and Austin. Xe are also advised that Red Arrow 

?roight Lines, Inc., holds Certificate Uo. 2664 issued on 

June 23, 1932, authorizing operation as a common carrier 

motor carrier rrom Houston to San Antonio via GonznleS, 

Sahulenburg, Eagle Lake, East Bernard and iiichmond. 

. 
Honorable James Y. Kilday, Llay 8, 1939, ?age 3 

You request our opinion na to whothor or not t!:e 

said Red hrrwa i'rel&t Llnoa, EIO., s.'ould be artittcd to 

glck up and intsrllne fralght at :;chulonburg from the 

Eorchr Truck iines, said rreight 0riClnatins at I:nllcttsvi110 and Yoakum, taking into conaidcration tho fact that 

the Horder Truck Lines has a oortificate to pick UL, such 

freight at thoae points. 

Tho rostrlction Xo. 2 contained in Ce$tiZiasto 

Ko. 3009 13 char in its torz and prohibits Ksd ~rroiv 

Freight Llnca, Inc., iron rnndoring ray ~0~7.0~. cnrrier Darvice onfreight orlglnntlng in or destined to iinllot%‘ills 

alid Yoakum. The lant;uai;o used in the restriction is ruch 

brooder than rio?lld have been nocoa,sarJ to iis ve pm11:3itce 

Aed .Arrow from pickin u> or delivorinc froi;:,i;t at Ilzllctsvi116 and Yoakum. 3or tke purpose of t.‘:is opinion it m.y 

be ‘conceded th6t prior to th writing oi Certii'ic:;ti ;:a. 

3009, iibd krrou could intorlino at Schulcnburg and under 

the service conoerned in the qucntlon xh:ch you sAmit to 

U3. Ked Arrow iQ?ei@t Lines, Inc., war; not required to ccoept Cortlfioatte X0. 3004. Zad Zed :zroi-; bcircd to do SO 

it could have retained its ri&t to interline at %:&anburg and could have rojeoted the certificate tondered-it 

on January 26, 1939, containing the restriction *:hiich prohibited it from perrormins such cervico. Iinvin~ accented 

tha aertifioate, Rod Arrow Frolght Lines, Ino., took the 

sazme subjeot to the roatriotlono t'hercin contained. Yor 

the bonefits therein granted it oxchznged its right to ictorlino nt Sotulenburg.. Under the schodulos which~T&d Arrw was able to mointnin prior to receipt of Certificate 

No. 3009, it may not heve baon able to Compet8 for the 

Yodsum and Iiallettsvillc freight-interlioed at Cchulenburg and It mayVrell hcvc boon tha purpose of the izilroad Commission to rcfraln from setting i;ed Prrorr ug so 

as to enable It to oompete for such shipments. In any 

event, the lungua,?e oontafned in restriction No. 2 of 

such Certificate No. 3009 15 eo olenr end unambi&uous as 

not to be ousoeptlble of construction. It cannot render 

any oomnon carrier servlco on freight originating In or 

destined to Halletsville and YOakum. 

Your question in neoessarily cnswared in *ho 

negatdve. 

Yours very truly