No. MC-86776 DONALD L. DAVISON COMMON CARRIER APPLICATION Decided July 18, 1938 Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of livestock and grain from Clarinda, Iowa, and farms within a radius of 12 miles of that point to St. Joseph, Mo., Kansas City, Mo., Omaha, Nebr., and Nebraska City, Nebr., of livestock, feed, and building materials from St. Joseph, Mo., and Kansas City, Mo., of feed, building materials, and farm implements from Omaha, Nebr., and of building materials from Nebraska City, Nebr., to Clarinda, Iowa, and farms within a radius of 12 miles of that point, over irregular routes. Certificate granted. Application denied in all other respects. Harold E. Davidson for applicant. P. F. Gault, S. E. Gregory, Henry Christianson, Russell B. James, Walter Hitchen, and S. F. Pavelec for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 18, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 192, were served on the parties. No exceptions to the order were filed, but on July 8, 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. 192, COMPOSED OF GEORGE A. HUFFMAN OF IOWA, JOHN C. HIGHBERGER OF MISSOURI, AND WILL M. MAUPIN OF NEBRASKA By application filed April 1, 1937, Donald L. Davison, of Clarinda, Iowa, seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of general commodities, with certain exceptions, between Clarinda, Iowa, and Omaha, Nebr., St. Joseph, Mo., Kansas City, Mo., Des Moines, Iowa, and Dubuque, Iowa, over irregular routes. The application was referred to joint board No. 192 for hearing and the recommendation of an appropriate order thereon. The Chicago and North Western Railway Company, the Chicago, Burlington & Quincy Railroad Company, the Burlington Transportation Company, and Watson Brothers Transportation Company, Incorporated, opposed the granting of the application, but their participation in this proceeding was limited to cross-examination of applicant. Clarinda is located about 19 miles east of Shenandoah, Iowa, in the southwest corner of the State, and has a population of about 4,962 people. Applicant owns and operates a 1.5-ton 1937-model truck and hauls livestock and grain to St. Joseph, Mo., Kansas City, Mo., Omaha, Nebr., and Nebraska City, Nebr., from Clarinda, Iowa, and farms within a radius of 12 miles of that point for farmers in that vicinity. He holds himself out to haul for anyone who needs his services. He uses the most available highway from wherever he secures a load to U. S. Highways 71, 34, and 6 and Iowa Highway 3, thence over the latter highways to his destinations. Applicant makes about two trips per week to Omaha, Nebr., and three or four trips per week to St. Joseph, Mo. His trips to Kansas City, Mo., and Nebraska City, Nebr., are less frequent. Applicant has operated a motortruck since 1928 and has never had an accident. He started operations for himself in the trucking business in June 1936. He is financially able to carry on the proposed operation. The board finds that public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of livestock and grain from Clarinda, Iowa, and farms within a radius of 12 miles of that point to St. Joseph, Mo., Kansas City, Mo., Omaha, Nebr., and Nebraska City, Nebr., of livestock, feed, and building materials from St. Joseph, Mo., and Kansas City, Mo., of feed, building materials, and farm implements from Omaha, Nebr., and of building materials from Nebraska City, Nebr., to Clarinda, Iowa, and farms within a radius of 12 miles of that point, over irregular routes; that he is fit, willing, and able properly to perform the duties of a common carrier; and that an appropriate certificate should be granted. In all other respects the application should be denied. It is recommended that the appended order be entered. The joint-board member from the State of Nebraska, who was necessarily absent, did not participate in the disposition of this case. 9 M. C. C. No. MC-86811 H. W. HOSKINS COMMON CARRIER APPLICATION Decided July 18, 1938 Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, of livestock, grain, manufactured feed, and farm machinery, over a regular route between points within a radius of 10 miles of Clarinda, Iowa, but not including Clarinda, on the one hand, and St. Joseph, Mo., on the other. Certificate granted. In all other respects application denied. Sidney H. Johnson for applicant. P. F. Gault, S. E. Gregory, Henry Christianson, Russell B. James, Walter Hitchen, S. F. Pavelec, and Ralph B. Lockwood for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 18, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 192, were served on the parties. No exceptions to the order were filed, but on July 8, 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. 192, COMPOSED OF GEORGE A. HUFFMAN OF IOWA, JOHN C. HIGHBERGER OF MISSOURI, AND WILL M. MAUPIN OF NEBRASKA By application filed April 12, 1937, H. W. Hoskins, of Clarinda, Iowa, seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of general commodities, between Clarinda and Omaha, Nebr., over Iowa Highway 3 and U. S. Highways 275, 71, and 34, and between Clarinda and St. Joseph, Mo., over U. S. Highway 71. In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 192 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Certain motor carriers and rail carriers in the territory opposed the granting of the application but offered no evidence. Applicant resides on his own farm located 3.5 miles southwest of Clarinda. He operates a 1.5-ton truck, hauling livestock, grain, and manufactured feed between nearby farms and St. Joseph. He averages two or three trips a week during a part of the year. In instances where he has handled shipments of manufactured feed, applicant contracted for and paid for the goods and resold to the farmer, but it is not clear that these transactions may properly be considered as those of a private carrier. It appears, however, that applicant believed that such transactions were not contrary to the law. Applicant has made only one trip to Omaha and has had a request to serve that point on no other occasion. He has no desire to haul commodities other than livestock, grain, manufactured feed, and farm machinery, nor does he desire to serve Clarinda, which is a main highway point presumably served adequately by other carriers. Applicant's witnesses were farmers living within 6 miles of Clarinda. They desire to use applicant's service for the movement of their livestock, grain, manufactured feed, and farm machinery to or from St. Joseph. Applicant is familiar with the Commission's safety regulations and his vehicle is in a safe operating condition. It appears that applicant is financially and otherwise able to conduct the proposed operation in an efficient manner. The board finds that public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of livestock, grain, manufactured feed, and farm machinery between points within a radius of 10 miles of Clarinda, but not including locations within the corporate limits of Clarinda, on the one hand, and St. Joseph, on the other hand, over U. S. Highway 71; that applicant is fit, willing, and able properly to perform the duties of a common carrier by motor vehicle and to conform to the provisions of the act and the rules, regulations, and requirements of the Commission thereunder; and that an appropriate certificate should be granted. In all other respects the application should be denied. It is recommended that the appended order be enterd. The joint-board member from Nebraska, who was necessarily absent, did not participate in the disposition of this case. 9 M. C. C. No. MC-88800 EARL C. WAGNER COMMON CARRIER APPLICATION Decided July 18, 1938 Public convenience and necessity found to require continuance of operation by applicant as a common carrier by motor vehicle, of household goods, over irregular routes, between points in St. Joseph County, Ind., on the one hand, and points in Berrien, Cass, and St. Joseph Counties, in Michigan, on the other hand. Certificate granted. Earl C. Wagner 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 joint board No. 23, 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 JOINT BOARD NO. 23, COMPOSED OF MOIE COOK OF INDIANA AND CHARLES S. PORRITT OF MICHIGAN By application filed February 21, 1938, Earl C. Wagner, of South Bend, Ind., seeks a certificate of public convenience and necessity authorizing him to continue operation as a common carrier by motor vehicle, of household goods, between points in St. Joseph County, Ind., on the one hand, and points in St. Joseph, Berrien, and Cass Counties, in Michigan, on the other hand, over irregular routes. No protest against the 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 joint board No. 23 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. Applicant began operations in 1925 and has operated continuously since that time. He did not file his application within 120 days after the effective date of section 206 of the act, and his operations since February 12, 1936, have been unlawful. Applicant owns and operates a 1.5-ton 1935-model van-type truck which is adapted to the transportation of household goods. He |