Sherman Minton

“ Indeed, in the 1947 transfer proceedings before the Commission when the appellant sought to acquire Hutton's amended certificate of March 7, 1944, the appellant objected that the protestant there could not raise the question of the Commission's power to modify the certificate, as this would be a collateral attack on the Commission's order. That is exactly what the appellant seeks to do here. ”

“ In the alternative, he prayed a certificate of convenience and necessity if he be found to be a common carrier. The application was a 'grandfather' clause proceeding under § 309 of Part III, Water Carriers, of the Interstate Commerce Act, 54 Stat. 941, 49 U.S.C. (1946 ed.) § 909, 49 U.S.C.A. § 909.
The Commission, after hearing and investigation, made findings of fact and conclusions of law thereon to the effect that for 37 years Hutton had been in operation; that ' (h) e owns and manages 1 steam power boat of about 240 horsepower, and 4 barges, all of which are operated as a unit. ”