William O. Douglas

“ I. We perceive no error in the limitation which the Commission made on the territorial scope of appellant's operations.
Appellant argues that if it may be authorized to serve all points in one state, say Georgia, without showing that every point in Georgia had been previously served by it, then it must be granted like authority as respects the 100 mile radius around Birmingham. That is a non sequitur. Prior operations to several points in a region may or may not justify the Commission in authorizing service throughout the whole region. ”

“ Carolina Freight Carriers Corp., supra, if the applicant had established that it was a 'common carrier' of general commodities during the critical periods in a specified territory, restrictions on commodities which could be moved between specified points in that territory would not be justified. The mere fact that particular commodities had never been transported between designated points in that territory would not mean that authority to haul them between such points should be withheld. On the other hand, an applicant's status may vary from one part of the territory to another. ”

“ Mr. Justice FRANKFURTER and Mr. Justice JACKSON dissent for the reasons stated in their dissenting opinion in United States v. Carolina Freight Carriers Corp., 315 U.S. 475, 62 S.Ct. 722, 86 L.Ed. --, decided this day. ”