It is clear that applicants have been engaged continuously for nearly two and a half years prior to December 1937 in transporting new furniture from Brooklyn to many scattered points in New Jersey and Pennsylvania. In view of the proximity of points in New York State to Brooklyn, it is believed that if authority herein is found to be justified it should include interstate movements to points in that State. The evidence of movements to points in other States is altogether too meager and infrequent to find any public convenience or necessity in serving them. There is no proof that there are other authorized motor carriers providing the service heretofore provided by applicants. The fact of past demands for their service and their successful operations in the past indicate that a public need has been served thereby. Protesting rail carriers introduced evidence tending to prove that there is abundant and satisfactory rail service to all of the principal points considered. The fact that a point has adequate rail service is not a sufficient reason on which to base denial of a certificate. Maas Contract Carrier Application, 4 M. C. C. 65. Shippers are entitled to adequate service by motor vehicle as well as by rail. Bowles Common Carrier Application, 1 M. C. C. 589. The examiner finds that public convenience and necessity require operation by applicants as a common carrier by motor vehicle, of new furniture, in interstate or foreign commerce, over irregular routes, from Brooklyn, N. Y., on the one hand, to points in New York, Pennsylvania, and New Jersey, on the other, and from Williamsport, Pa., to New York City; that applicants are fit, willing, and able properly to perform such service and to conform to the provisions of the Motor Carrier Act, 1935, and the rules, regulations, and requirements of the Commission thereunder; that a certificate therefor should be granted; and that the application in all other respects should be denied. It is recommended that the appended order be entered. 9 M. C. C. No. MC-61599 (SUB-No. 14) QUEEN CITY COACH COMPANY EXTENSION- Decided July 20, 1938 Public convenience and necessity found to require extension of operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers, baggage, express, mail, and newspapers, over a specified route, between Lumberton and Red Springs, N. C. Certificate granted. K. J. Kindley for applicant. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 30, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 103, 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. 103, COMPOSED OF STANLEY WINBORNE OF NORTH CAROLINA By application filed April 14, 1938, Queen City Coach Company, of Charlotte, N. C., seeks a certificate of public convenience and necessity authorizing operation 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, over North Carolina Highway 211, between Lumberton and Red Springs, N. C. No protests against the granting of the application have 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. 103 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. By application filed February 10, 1936, applicant claims "grandfather" rights to continue operation as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers, baggage, express, mail, and newspapers, over regular routes, which includes service between the junction of U. S. Highway 301 with North Carolina Highway 71, near Parkton, N. C., and Lumberton, N. C., over U. S. Highway 301, and between Lumberton and Maxton, N. C., over U. S. Highway 74. This proceeding will be disposed of in a separate report. By application filed January 16, 1937, applicant sought a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers, baggage, express, mail, and newspapers, over a specified route, which included service between the junction of U. S. Highway 301 with North Carolina Highway 71, near Parkton, N. C., and Maxton, N. C., over North Carolina Highway 71. This authority was granted applicant in an order dated March 2, 1938. Queen City Coach Co. Extension of Operations, 6 M. C. C. 375. The granting of this application would provide a much needed service between Lumberton and Red Springs, since there is neither rail nor bus service between these points at the present time. Operations over the proposed route would be daily and there would be an interchange at both Lumberton and Red Springs. Lumberton is the county seat. Flora McDonald College, a large school for girls, is located at Red Springs, which is the second largest town in the county. The proposed route will enable applicant to route its traffic destined to Red Springs from eastern North Carolina and northeastern South Carolina direct through Lumberton, at which point its lines converge, without the necessity of traveling to Maxton or Fayetteville and thence to Red Springs. Such arrangement will save a change of coach in many instances. This proposed service will provide considerable saving in travel time and travel distance for traffic moving through Lumberton and destined for Red Springs. The present operations of applicant are profitable and it appears to be financially and otherwise able to conduct the proposed operations. 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 Lumberton and Red Springs, N. C., over North Carolina Highway 211; that applicant is fit, willing, and able properly to perform such operations 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. No. MC-33421 (SUB-No. 1) BYRON L. HOLMES CONTRACT CARRIER APPLICATION Decided July 21, 1938 Operation by applicant as a contract carrier by motor vehicle, of sugar, flour, and general groceries, from Boston, Mass., to Claremont, N. H., over a regular route, found to be consistent with the public interest and with the policy declared in section 202 (a) of the Motor Carrier Act, 1935. Permit granted. Mayland H. Morse for applicant. James G. Lane and Arthur A. Wentzell for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 20, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 20, were served on the parties. No exceptions to the order were filed, but on July 11, 1938, we postponed to July 21, 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. 20, COMPOSED OF FRANK E. RILEY OF MASSACHUSETTS AND WINSLOW E. MELVIN OF NEW HAMPSHIRE By application filed July 28, 1937, Byron L. Holmes, of Claremont, N. H., seeks a permit authorizing operation as a contract carrier by motor vehicle, of sugar, flour, and general groceries, in interstate or foreign commerce, from Boston, Mass., to Claremont, N. H., over a regular route as follows: from Boston to Massachusetts-New Hampshire State line over Massachusetts Highway 28, thence over New Hampshire Highway 28 to Manchester, N. H., thence over New Hampshire Highway 114 to Bradford, N. H., and thence over New Hampshire Highway 103 to Claremont. In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 20 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Rail carriers in New England, Railway Express Agency, Boston & Maine Transportation Company, and Jones Express opposed the granting of the application. For some time past applicant has operated as a contract carrier by motor vehicle, of milk, which operation, however, was discontinued due to the purchase of motor equipment by the creamery plants. Applicant now operates a 1936-model 1.5-ton truck in intrastate commerce and has on two occasions transported milk in interstate or foreign commerce between the points herein considered. C. E. Densmore & Son, a wholesale grocer located in Claremont, N. H., desires to avail itself of applicant's services as a contract carrier in the transportation of its supplies, consisting of sugar, flour, and general groceries, from Boston, Mass., to Claremont. A contract has been entered into with applicant covering the contemplated transportation services to be effective upon the granting of authority by the Interstate Commerce Commission to applicant to conduct the operation. The granting of such authority will permit this shipper to give his customers better service than if it is necessary to rely upon existing transportation facilities. If the commodities are handled by applicant they will be received in better condition and at hours more convenient to this shipper. Protestants contend there are at present adequate transportation facilities by motor carriers serving Claremont and that there is no need of additional operators. Only one witness was introduced in their behalf. He did not know how much of the C. E. Densmore & Son business is now being carried by his company and admitted that whatever it is would be very slight. It is apparent, however, that applicant can render a specialized service which the present carriers cannot furnish. Applicant is able, financially and otherwise, to conduct the proposed operation and will add such additional equipment as shippers' demands require. The joint board finds that applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; that operation by applicant as a contract carrier by motor vehicle, in interstate or foreign commerce, of sugar, flour, and general groceries, from Boston, Mass., to Claremont, N. H., over the above-described regular route, serving no intermediate points, will be consistent with the public interest and with the policy declared in section 202 (a) of the act; and that an appropriate permit should be granted upon compliance by applicant with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628. It is recommended that the appended order be entered. |