proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. Applicant was authorized by the Commission's order of March 5, 1938, to conduct passenger operations over a regular route between Washington, D. C., and North Beach, Md. Part of this route involves operation between the District of Columbia-Maryland State line and Drury over Maryland Highway 4. The instant application seeks an extension from Drury to Beverley Beach over the hereinabove specified route. The territory to be served by the proposed extension involves a distance of 20 miles, which is at present without transportation facilities other than 0.5 mile of the route now served by another motor carrier. Applicant's service would provide year-round transportation for an estimated 800 to 1,000 families. In addition to furnishing service heretofore unavailable to Maryland people, applicant's operations would fill a need by offering the public of Washington, D. C., an opportunity to visit several popular beach resorts and summer colonies located on the Chesapeake Bay and South River. The present officers have been continuously engaged in conducting applicant's motor-carrier business since the commencement of operations 15 years ago. The existing operations have been carried on efficiently, and applicant is financially and otherwise able to perform the additional service embraced in the application here considered. The joint board finds that public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers, between Drury and Beverley Beach over Maryland Highways 4 and 2, and Mayo Road, and return over the same route, serving all intermediate points; that applicant is fit, willing, and able properly to perform the proposed service and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; and that an appropriate certificate should be granted. It is recommended that the appended order be entered. 1 Application filed under the "grandfather" clause of section 206 (a) of the act, in Docket No. MC-3677. 9 M. C. C. No. MC-86188 (SUB-No. 2) EMANUEL ALBOUM ALTERNATE ROUTE-OLEAN-ERIE Decided July 18, 1938 Operation by applicant as a contract carrier by motor vehicle, of petroleum and petroleum products, in tank trucks, from Olean, N. Y., to Erie, Pa., over a described route, found consistent with the public interest and with the policy declared in section 202 (a) of the act. Permit granted. Emanuel Alboum for applicant. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 28, 1938, the following recommended report and a recommended order appended thereto, filed with us by the examiner, were served on the parties. No exceptions to the order have been filed, and, not having been stayed or postponed by us, it has become effective as our order. REPORT AND ORDER RECOMMENDED BY THE EXAMINER By application filed May 6, 1938, Emanuel Alboum, doing business as Northland Petroleum Transport Company, of Lancaster, Pa., seeks a permit authorizing operation in interstate or foreign commerce, as a contract carrier by motor vehicle, of petroleum and petroleum products, in tank trucks, from Olean, N. Y., to Erie, Pa., over New York Highway 17 and U. S. Highway 20, via Westfield, N. Y No protest against granting of the application has been filed. It appearing, upon investigation of the matters involved in the application, that no hearing in respect thereof might be necessary, the application was referred to the examiner for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. Applicant now operates as a contract carrier of petroleum and petroleum products, in tank trucks, from Olean to Erie, which operations were authorized by this Commission December 1, 1937, pursuant to an application filed with the Commission under the "grandfather" clause of section 209 (a) of the Motor Carrier Act, 1935. The instant application was filed to secure authority to operate over an improved concrete highway in addition to the routes granted under the above-mentioned "grandfather" application. Applicant is able, financially and otherwise, to conduct the proposed operation. It appears that this service is desirable and necessary. The examiner finds that the proposed operation by applicant, in interstate or foreign commerce, as a contract carrier by motor vehicle, of petroleum and petroleum products, in tank trucks, over the route described herein, will be consistent with the public interest and with the policy declared in section 202 (a) of the act; that applicant is fit, willing, and able properly to perform such service and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder, and that upon compliance by applicant with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628, an appropriate permit should be granted. It is recommended that the appended order be entered. 9 M. C. C. No. MC-86469 DOMINIC ALICE CONTRACT CARRIER APPLICATION Decided July 18, 1938 Operation by applicant as a contract carrier by motor vehicle, of beer, from Marion, Ind., to Springfield, Ill., and of empty beer containers, from Springfield to Marion, found not consistent with the public interest and the policy declared in section 202 (a) of the Motor Carrier Act, 1935. Application denied. Earl R. Jackson for applicant. Fred J. McManus and W. D. Wilbur for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 17, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 21, were served on the parties. No exceptions to the order were filed, but on July 7, 1938, we postponed to July 18, 1938, the date on which the said order should become the order of the Commission and become effective. Not having been stayed or further postponed by us, it has become effective as our order. REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 21, COMPOSED OF EDWARD F. RIELY OF ILLINOIS AND MOIE COOK OF INDIANA By application filed December 10, 1936, Dominic Alice, of Virden, Ill., seeks a permit authorizing operation, in interstate or foreign commerce, as a contract carrier by motor vehicle, over specified routes, of beer, from Marion, Ind., to Springfield, Ill., and of empty beer containers, from Springfield to Marion. In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 21 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Several railroads opposed the granting of the application. Applicant since July 1936 has transported beer between Marion and Springfield for C. M. Middleton, who conducts a wholesale liquor business at Springfield under the name of Central Illinois Distributing Company. Applicant's present operation is in violation of the act and should be discontinued until proper authority is ob tained from this Commission. The operation has been over U. S. Highway 66 from Springfield to Chenoa, Ill., thence over U. S. Highway 24 to Peru, Ind., and thence over Indiana Highway 21 to Marion. Middleton testified that applicant would move the empty bottles and the cases from his warehouse and then "put the * beer in the warehouse." He also stated "it is a convenience to me to know that I can call Mr. Alice today and know that he will be here tomorrow with the load." Applicant devotes less than half his time to the considered operation. He, his brothers, and a brother-in-law operate the Virden Wholesale Distributing Company, a concern engaged in selling beer to retailers at Virden and in the surrounding territory. Applicant hauls beer for the Virden Wholesale Distributing Company from St. Louis, Mo., and Milwaukee, Wis., to Virden. It does not appear that he has any authority to perform these operations or has made application for such authority. He is also engaged in the business of buying, wrecking, and selling for scrap iron old automobiles. The Yellow Cab Company is the only other motor carrier engaged in the transportation of beer and beer containers from and to the considered points. The Yellow Cab Company transports beer for the Kiley Brewing Company of Marion. This is the company from which Middleton purchases the beer transported by applicant. Middleton stated that the drivers of the Yellow Cab Company will not move the empty bottles and the cases from his warehouse and then "put the beer in the warehouse." It also appears that the Yellow Cab Company is not as prompt in making deliveries as is applicant. * * * The Baltimore & Ohio Railroad Company and the Alton Railroad Company and their connecting lines maintain prompt rail service for the transportation of beer between Marion and Springfield, and, when 10,000 pounds or more is tendered at the less-than-carload rate refrigeration service is furnished at no additional charge. Based upon all the evidence of record, the joint board finds that applicant has failed to show that the considered operation will be consistent with the public interest and with the policy declared in section 202 (a) of the act; and that the application should be denied. It is recommended that the appended order be entered. The joint-board member from the State of Indiana, who was necessarily absent, did not participate in the disposition of this case. 9 M. O. C. |