On Appellants’ Motion for Rehearing.
On February 7, 1951, we handed down our opinion and rendered judgment upholding the trial court’s judgment in this cause, and on the same date our Supreme Court rendered its decision in the case of Thompson, Trustee v. Hovey Petroleum Company et al., Tex.Sup., 236 S.W.2d 491.
The appellants have filed a motion for rehearing and have moved' this court to *896set aside our judgment and to reverse and render this cause.
The original orders of the- Commission are similar in verbiage, and' the Order,Docket No. 6682, reads:
“Order Granting Specialized Motor Carrier Certificate
“Railroad Commission of Texas Motor Transportation Division Motor Carrier Docket No. 6682.
“Application of R. M. Burnam and G. G. Lechow, DBA Burnam and Lechow, for a SMC Certificate Authorizing the Transportation of Household Goods and Used Office Furniture and Equipment from All Points Within a 50 Mile-Radius of Marble Falls to All. Points in Texas: and Vice Versa; Livestock from All Points Within a 50 Mile Radius of Marble Falls to All Points Within a 350 Mile Radius Thereof and .Vice Versa; Livestock Feedstuffs, Farm Machinery, - and. Grain, from Farms and Ranches Within a 50 Mile Radius of Marble Falls to All Points Within a 350 Mile,Radius Thereof and Vice Versa; Wool and Mohair from Farms and Ranches Within a 50 Mile Radius of Marble Falls to All Points Within a 150 Mile Radius Thereof.
“Austin, Texas Jul 24 1944 '
“Order
“By the Commission.:
“On July. 24, 1944, the Railroad Commission of Texas took up for consideration the abqve styled application, which was filed on June 21, 1944, and (Me an<i legal notice o-f the time and place o-f hearing having been given to the applicant, to all interested parties and to the public generally, was heard at the Driskill Hotel, in the City of Austin, Texas, on July 19, 1944.
“The Commission Finds from the evidence that the application proposes the operation of a specialized motor carrier service transporting the commodities ■ described in the application; the Commission finds from the' evidence that the type of service proposed by the applicant' from farms and ranches’ and'to farms- and ranches on most of these commodities is not ordinarily performed by the common carrier motor carriers operating on regular routes, nór by the railroads. .
“The .Commission Further Finds from the evidence and from its own records that satisfactory'proof has been made by the applicant of his' fináncial responsibility; that the equipment propos'ed to be used by him in said operation meets'the requirements of the laws of the State of Texas in regard to s'ái'ety devices, dimensions, etc:; and that the highways designated in the application aré of such type of construction and maintenance and subject to such use as to permit of the use sought to be made -by the applicant without unreasonable interference with the use of such highways by the general public for highway purposes.'
“The Commission Further Finds from the evidence and its own records, after considering the existing transportation facilities, ..and demand for th,e need of the additional-service that the service and facilities of the existing carriers serving the territory are inadequate; that there exists a public necessity for such service; and that the public convenience will be promoted by the granting of said application and -permitting the operation of motor vehicles on the h-ighways designated in said application-as; a common carrier for hire.
' “Therefore, after carefully, considering the evidence, the laws, and its own records, rules and regulations, the Commission is of the. opinion that the application should be Granted. Accordingly it is
“Ordered by -the Railroad Commission of Texas that the application of R. M. Burnam and G. G. Lechow, dba Burnam and Lechow, for a specialized motor carrier certificate, Be, and the same is hereby granted as follows:
“To Transport:
“Household Goods, Used Office Furniture and Equipment from all points within a 50 mile radius of Marble Falls to all points in Texas, and vice vetsa;
1 “Livestock from -all points within a 50 mile radius o-f "Marble .Falls to :all .points within a -350 'mile radius thereof, and vice versa; .- ..
*897“Livestock Feedstuffs, Farm Machinery and Grain fiom, farms and ranches within a 50 mile radius of Marble Falls to all' points within a 350 mile radius thereof, and vice versa;
“Wool and Mohair from farms and ranches within a 50 mile radius of Marble Falls to concentration points, warehouses and rail shipping points within a 150 mile radius of Marble Falls.
“The transportation of Household Goods, Used Office Furniture and Equipment, Livestock Feedstuffs, Farm Machinery and Grain is prohibited from dealer to dealer.
“With the exception of Household Goods, Used Office Furniture and Equipment and Livestock, the transportation of all other commodities is restricted over -the following highways, but this restriction shall not be effective, until after World War IL:
“U. S. Highway 80 — rMineral Wells to Longview.
“U. S. Highway 81 — Ringgold to San Antonio.
“U. S. Highway 75 — Oklahoma State Line to Galveston.
“U. S. Highway 77 — Gainesville to Hills-boro.
“It Is Further Ordered by the Commission that all equipment to be used under the authority herein granted is restricted to that owned by the appellant and shall not exceed the number as shown by the last equipment report.
“It is Further Ordered by the Commission that all authority requested in said application not hereinabove granted is hereby expressly Denied.
“This Order shall not become effective until actually signed by the Commission and accordingly so dated.
“Railroad Commission of Texas
“Beauford Jester
“Chairman
“Olin Culberson
“Commissioner
“Commissioner.
“Attest:
“L. D. Ransom,
“Secretary.”
We do not now believe, in view of the decision of' our Supreme Court in the Thompson v. Hovey case, above referred to, that the orders are sufficiently full and complete to meet the requirement of the statute under the holding in the Thompson v. Hovey case, and that the certificates issued thereunder were void. Art. 911b, Sec. 5a(d), V.A.C.S.
The motion is granted, and the judgment heretofore rendered is set aside, the judgment of the trial court is reversed and judgment' is here rendered for appellants.
Motion granted;, judgment of the trial court is reversed, and judgment here rendered for appellants.
. Thompson v. Railroad Commission, Tex.Civ.App., 232 S.W.2d 139, 144, Writ of Error Granted. The description of the orders involved made in this case was adopted by the Court of Civil Appeals in the Hovey case. 232 S.W.2d 146, 147.