Rehearing Denied Feb. 3, 1947

See 329 U.S. 834, 67 S.Ct. 628. [329 U.S. 433, 434] Mr.Cecil A. Morgan, of Fort Worth, Tex., for petitioner.

Mr. Alfred McKnight, of Fort Worth, Tex., for respondent.

Mr. Elton M. Hyder, Jr., of Austin, Tex., for State of Texas, amicus curiae.

Mr. Justice BLACK delivered the opinion of the Court.

Petitioner and respondent entered into a written contract under which the petitioner was to transport goods for respondent by truck entirely within the State of Texas at [329 U.S. 433, 435] such rates, charges, or tariffs as may be fixed by the Railroad Commission of the State of Texas. Based on that contract petitioner applied to the Commission for a permit to operate as a contract carrier pursuant to rules of the Railroad Commission promulgated under Texas law which grants regulatory power over transportation to that Commission. Article 911b, 1 to 22b, Rev.Stat. of Tex. Petitioners application stated that the tariff to be charged for the service proposed will be that as promulgated by the Railroad Commission of Texas. Afte