U.S. Supreme Court CLAIBORNE-ANNAPOLIS FERRY CO. v. UNITED STATES, 285 U.S. 382 (1932)

[Page 285 U.S. 382, 392]

the absence of such certificate the doing of any of these things is declared to be unlawful-a crime subject to punishment by fine and imprisonment. And the permission is to apply to the court for an order to arrest the unlawful undertaking. The inhibition applies where there is no certificate in fact, or where the commission lacked power to grant the outstanding one because of insufficient evidence to support its findings or other reason. An invalid certificate would leave the situation as though none had issued. Chicago, R. I. & P. Ry. v. United States, , 47 S. Ct. 486.

Here, undoubtedly, the commission had power to entertain and act upon the railway's petition, also to grant the certificate of public convenience and necessity upon sufficient evidence. If the record discloses such evidence, the certificate is not a nullity and the ferry company has no right now to demand decision of any other question.

We think there was enough evidence-material and conflicting we may not pass upon its weight-to support the commission's conclusion. A large district on the Eastern Shore of Chesapeake Bay lacks adequate reilroad connection with Washington and points beyond. The possibilities of the proposed ferry, operated as a part of the railway's line, were disclosed and the commission's conclusion that material advantages to the public would result from the additional facilities for interstate transportation is not without support.

The decree below is affirmed.

AFFIRMED.

Mr. Justice CARDOZO took no part in the consideration or decision of this case.