1935, has transported cotton yarn from Cheraw to Martinsville, Va. In view of the fact that such operation was not commenced until subsequent to June 1, 1935, applicant clearly had failed to establish "grandfather" rights to continue such transportation. However, since June 1, 1935, applicant has continuously transported a substantial volume of cotton yarn for this mill from Cheraw to Martinsville returning with empty containers upon which the yarn is transported, to the entire satisfaction of this shipper. The continuation of applicant's services to Martinsville is desired by this company. In addition, the company also ships to Chattanooga, Tenn., and desires that applicant also perform that service which is now handled by rail and railway express. Applicant would be used only in connection with full truckloads on rush orders whenever the service would be faster than now obtained by railway express. The witness representing the company does not have charge of the routing of the shipments to Chattanooga, is not familiar with the transportation facilities to that point, and has never attempted to obtain truck services for the Chattanooga movement.

In addition to the authority granted in the prior report in the extension proceedings, we are of the opinion that, considering the fact that applicant has for many years transported cotton yarn from Cheraw to Martinsville, returning with empty containers, he should be granted authority to continue such transportation. In all other respects, the findings in the prior report, with reference to the extension applications, are affirmed.

As previously stated, applicant transferred all of the operating rights sought in the "grandfather" and extension applications. Those authorizing operations to and from points north of Potomac River were transferred to Griggs, and the balance, those authorizing operations to and from points south of Potomac River, were transferred to Hollis. In No. MC-31046, a certificate was issued to Edgar Stanton, authorizing, among other things, the transportation of general commodities, between points in Marlboro, Chesterfield, Darlington, and Dillon Counties, S. C., on the one hand, and all points in North Caroline within 150 miles of Bennettsville, S. C., on the other. This certificate was transferred to Hollis on October 31, 1941, in No. MC-FC15812.

In No. MC-61045, Griggs was issued a certificate authorizing, among other things, the transportation of agricultural commodities from various points in North Carolina and South Carolina, within 50 miles of Cheraw to Philadelphia, and composition roofing and shingles from York to points in Chesterfield County, S. C., and Anson County, N. C., both counties being within 50 miles of Cheraw. In view of the fact that both Griggs and Hollis now hold operating authority which, in

certain respects, duplicates that which they as successors to McDougald are found entitled to herein, duplicate rights will not be granted to them.

Findings.-Upon reconsideration we find, in Nos. MC-60749, MC61046 (Sub-No. 5), and MC-31046 (Sub-No. 1), that on and continuously since June 1, 1935, C. D. McDougald was and has been engaged in operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of general commodities, except articles of unusual value, commodities in bulk, livestock, dangerous explosives, and household goods as defined in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467, between Cheraw, S. C., and points in North Carolina and South Carolina within 50 miles of Cheraw, on the one hand, and, on the other, Philadelphia and York, Pa., and points in North Carolina on and west of U. S. Highway 15, over irregular routes; that in No. MC-61405 (Sub-No. 5), a certificate should be granted to Thomas G. Griggs authorizing continuance of operation, over irregular routes, as a common carrier by motor vehicle, of general commodities, with the exceptions above named, between Cheraw and points in North Carolina and South Carolina within 50 miles of Cheraw, on the one hand, and, on the other, Philadelphia and York, subject, however, to the condition that, to the extent this authority covers the same operations as are covered by any certificates heretofore or herein granted, the certificates shall confer only a single operating right; that in No. MC-31406 (Sub-No. 1), a certificate should be granted to Charles Franklin Hollis authorizing continuance of operation, over irregular routes, as a common carrier by motor vehicle, of general commodities, with the exceptions above named, between Cheraw and points in North Carolina and South Carolina within 50 miles of Cheraw, on the one hand, and, on the other, points in North Carolina on and west of U. S. Highway 15, subject however, to the condition that to the extent this authority covers the same operations as are covered by any certificate heretofore or herein granted, the certificates shall confer only a single operating right; and that such applications in all other respects should be denied.

We further find, in Nos. MC-60749 (Sub-No. 2), MC-60749 (SubNo. 4), MC-60749 (Sub-No. 5), MC-61045 (Sub-No. 6), and MC31046 (Sub-No. 3), that, in No. MC-61045 (Sub-No. 6), the present and future public convenience and necessity require extension of operation by Griggs, in interstate or foreign commerce, as a common carrier by motor vehicle, (1) of paper products and pulpboard products from Hartsville, S. C., and Rockingham, N. C., to all points in Maryland, the District of Columbia, Pennsylvania, excluding Philadelphia and York, New Jersey, Delaware, New York, Massachusetts,

and Connecticut, passing through Virginia when necessary, and returning from the above-described destination points to Hartsville and Rockingham with materials used in the manufacture of paper products and pulpboard products and (2) of asbestos siding from Millington, N. J., to all points in North Carolina and South Carolina, over irregular routes in each instance; that in No. MC-31046 (Sub-No. 3), public convenience and necessity require extension of operations by Hollis, as a common carrier by motor vehicle, of (1) paper products and pulpboard products from Rockingham and Hartsville to all points in North Carolina, South Carolina, Virginia, Georgia, Alabama, and Tennessee, returning from such destination points to Hartsville and Rockingham with materials used in the manufacture of paper products and pulpboard products and (2) of cotton yarn from Cheraw to Martinsville, Va., returning from Martinsville with empty carriers for cotton yarn, over irregular routes in each instance; that applicants are fit, willing, and able properly to perform such service and to conform to the requirements of the act and our rules and regulations thereunder; that appropriate certificates authorizing such operations should be granted to Griggs and Hollis, subject, however, to the condition that to the extent this authority covers the same operations as are covered by any certificates heretofore or herein granted to Griggs, and to the extent this authority covers the same operations as are covered by any certificates heretofore or herein granted to Griggs, and to the extent this authority covers the same operations as are covered by any certificates heretofore or herein granted to Hollis, the certificates shall confer only a single operating right; and that the applications should be denied in all other respects.

Upon compliance by Griggs and Hollis with the requirements of sections 215 and 217 of the act and with our rules and regulations thereunder, and after the lapse of 30 days from the service of this report, as provided, appropriate certificates, eliminating duplications, will be issued. An order will be entered denying the applications except to the extent certificates are granted herein.

COMMISSIONER ROGERS dissents.

42 M. C. C.

INVESTIGATION AND SUSPENSION DOCKET NO. M-2029

COTTON PIECE GOODS FROM NORTH CAROLINA AND SOUTH CAROLINA POINTS TO CHICAGO, ILL.

Submitted November 12, 1942. Decided July 17, 1943

Proposed reduced commodity rates on unfinished cotton piece goods from certain points in North Carolina and South Carolina to Chicago, Ill., found not unlawful. Proceeding discontinued.

R. S. Cooper and Thaxton Richardson for respondents.

T. W. Mackey and Floyd T. Robertson for interested parties in support of respondents.

Edgar Watkins, Jr., W. N. McGehee, and Joseph P. Cook for protestants.

REPORT OF THE COMMISSION

DIVISION 2, COMMISSIONERS MAHAFFIE, SPLAWN, AND ALLDREDGE BY DIVISION 2:

Exceptions to the order recommended by the examiner were filed by respondents and supporting shippers, and protestants replied. Our conclusions differ from those recommended.

By schedules filed to become effective June 10, 1942, R. S. Cooper, agent, in behalf of motor common carrier members of the Motor Carriers Traffic Association, hereinafter called the association, proposed to establish reduced commodity rates on unfinished cotton piece goods, minima 10,000 and 20,000 pounds, from Anderson, Bamberg, Blacksburg, Clinton, Gaffney, Greenwood, Ninety Six, Union, and Walhalla, S. C., and Concord, Durham, Kannapolis, Marion, Rockingham, and Salisbury, N. C., to Chicago, Ill. Upon protest of the Southern Motor Carriers Rate Conference, hereinafter called the conference, and southern rail carriers, operation of the proposed schedules was suspended until January 10, 1943, and the respondents have postponed indefinitely the effective date thereof. The proposed rates are supported by the Western Shade Cloth Company, and Johnson and Johnson, Inc., two Chicago receivers of unfinished cotton piece goods, hereinafter termed supporting shippers. Rates will be stated in amounts per 100 pounds, and include the general increases of March 1942.

The present rates of the association carriers on unfinished cotton piece goods to Chicago from these origin points, except Bamberg and

Kannapolis from which rates are not maintained, are 96 cents from Durham, $1 from Marion, and $1.01 from the other points, any quantity. These rates are the same as the corresponding present anyquantity rates of the protesting rail and motor carriers, which also maintain a rate of $1.01 from Bamberg and Kannapolis. The proposed rates, minimum 20,000 pounds, are 94 cents from Bamberg, 88 cents from Clinton, 86 cents from Blacksburg, Gaffney, and Union, 83 cents from Marion, 81 cents from Durham, and 89 cents from the remaining eight points; proposed rates, minimum 10,000 pounds, are respectively 6 cents higher, except from Bamberg, which is 7 cents higher. These rates would alternate with the any-quantity rates in effect. Those subject to a minimum of 20,000 pounds are the same in amount as the rail carload rates, minimum 30,000 pounds.

Although applicable over the routes of numerous motor common carriers parties to the suspended schedules, the proposed rates were published at the request of Guy M. Turner and Frank B. Turner, doing business as Turner's Transfer, of Greensboro, N. C. This carrier was the only respondent which submitted evidence of its revenues, costs, and operating practices. It is a class I motor common carrier transporting general commodities over irregular routes between points in 18 eastern States and the District of Columbia, including operations between the Carolinas and Chicago. It operates 14 tractor-trailer combinations which have an average capacity of approximately 20,000 pounds, and, so far as here pertinent, maintains terminals at Greensboro and Chicago. Turner's Transfer now transports unfinished cotton piece goods from several but not all of the origin points here considered to Chicago. At present, this traffic moves in individual shipments ranging from 160 to 7,000 pounds, which are picked up at the mills and transported to the terminal at Greensboro for consolidation into truckload quantities of approximately 20,000 pounds for carriage to Chicago. Customarily, this respondent's vehicles are not moved from the Carolina points to Chicago until truckload quantities of that weight or more are accumulated and consolidated, either at the Greensboro terminal or at the various points of origin. At the Chicago terminal, the shipments are usually transferred to, and delivered in, vehicles of a pick-up and delivery carrier.

If the suspended rates become effective, it is the intention of the supporting shippers to accumulate their requirements of unfinished cotton piece goods until single shipments of approximately 10,000 or 20,000 pounds can be made from a mill at one time. Turner's Transfer estimates that single shipments of 20,000 pounds, or two shipments of approximately 10,000 pounds each, can be picked up at the mills and delivered to consignees in the Chicago area in line-haul vehicles