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other building supplies over rail lines from various interstate points of origin. The service is performed for this one firm under written contract, and applicant has no desire to transport for any other party. No traffic is interchanged with other carriers.
The transportation is performed from the Odessa rail siding to the firm's local yard and between this yard and the yards located at other points, as well as to oil fields within a radius of 40 miles of Odessa. The rail shipments are consigned to the firm at Odessa, which receipts for the goods and pays the rail charges thereon at that point. Occasionally rail shipments are divided at Odessa and distributed by applicant to several of the yards.
Applicant does not operate outside of Texas, nor does he have any arrangements with other carriers for continuous transportation, or for local pick-up and delivery service, in connection with interstate or foreign commerce. Applicant is engaged only in intrastate commerce. His operation, therefore, is not subject to our jurisdiction.
The joint board finds that the evidence does not establish that applicant conducts any operations as a carrier by motor vehicle, within the corporate limits of Odessa or in any other respect, requiring an interstate certificate or permit; and that the application should be denied. It is recommended that the appended order be entered.
9 M. C. C.
No. MC-88571 LORIN H. CRAWMER CONTRACT CARRIER APPLICATION
Decided July 8, 1938
1. Applicant's proposed operation found to be that of a common carrier. 2. Public convenience and necessity found to require operation by applicant
as a common carrier by motor vehicle, in interstate or foreign commerce, of explosives, between points in Illinois and Wisconsin within a radius of 150 miles of Madison, Wis., over irregular routes. Certificate granted
and application denied in other respects. Lorin H. Crawmer for applicant.
REPORT OF THE COMMISSION
On June 18, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 13, 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. 13, COMPOSED OF
ANDREW OLSON OF ILLINOIS AND FRED S. HUNT OF WISCONSIN
By application filed December 6, 1937, Lorin H. Crawmer, of Madison, Wis., seeks a permit authorizing operation as a contract carrier by motor vehicle, in interstate or foreign commerce, of explosives, between points in Illinois and Wisconsin within a radius of 150 miles of Madison, over irregular routes.
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. 13 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.
Applicant has been engaged for more than a year in the transportation of explosives within the territory surrounding Madison, solely in Wisconsin intrastate traffic, employing in this connection a 2-ton 1937-model stake-body truck. The operations in which applicant has heretofore been engaged are shown to have been profitable.
Although applicant performs a transportation service chiefly for a manufacturer and distributor of explosives, it is apparent that transportation is performed for the general public. In describing his method of operating, applicant makes the following statement :
The commodity is shipped by rail to Madison from where distribution is made at the direction of Hercules Powder Company as well as on my own initiative. Occasionally, when short on stock I obtain supplies from other Hercules Powder Company magazines within the 150-mile area. I sell this commodity direct to consumer and at times the Hercules Powder Company makes the sale and directs me to deliver. The bulk movement is to farms, construction jobs, quarries, mines, etc.
Applicant apparently thought that the contract-carrier form of authority more nearly fitted his operation. The application will be considered as amended to conform to the carrier's actual operations, which we do not believe will broaden its scope. We conclude that applicant's operation was and is that of a common carrier, and that in order for him to secure authority to continue operations as such his service must be required by the public convenience and necessity.
Applicant is fit and willing, and appears able, financially and otherwise, to conduct the proposed service. No motor carriers of record perform a service similar to that here proposed and there is no indication that traffic would be diverted from rail lines serving this territory if a certificate be granted to applicant. That applicant has for some time and is now serving the territory in Wisconsin surrounding Madison is some evidence that the operation is required by the public.
The joint board finds that applicant's proposed operation is that of a common carrier; that the present and future public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of explosives, between points in Illinois and Wisconsin within a radius of 150 miles of Madison, over irregular routes; that applicant is fit, willing, and able properly to perform the proposed service and to conform to the provisions of the act and other rules and regulations thereunder; and that an appropriate certificate should be granted. It is recommended that the appended order be entered.
9 M. C. C.
No. MC-26451 (SUB-No. 12)
Decided July 9, 1938
Public convenience and necessity found to require operation by applicant as a
common carrier by motor vehicle, of passengers and their baggage, and of light express, mail, and newspapers in the same vehicle with passengers, in interstate or foreign commerce, between Great Falls and Glasgow, Mont., over a specified route, including intermediate points. Certificate
granted. J. B. C. Knight for applicant.
T. B. Weir, Newell Gough, E. G. Toomey, and J. R. Neely for protestants.
REPORT OF THE COMMISSION
On June 4, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 82, were served on the parties. No exceptions to the order were filed, but on June 29, 1938, we postponed to July 9, 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. 82, COMPOSED OF
THOMAS E. CAREY OF MONTANA
By application filed June 2, 1937, Intermountain Transportation Company, Anaconda, Mont., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of passengers and their baggage, and light express, mail, and newspapers in the same vehicle with passengers, between Great Falls and Glasgow, Mont., over Montana Highway 29 between Great Falls and Havre, Mont., and U. S. Highway 2 between Havre and Glasgow, serving all intermediate points on such route and Fort Benton, Mont., an off-route point.
In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 82 for hearing and
the recommendation of an appropriate order thereon. Hearing has been held. Great Northern Railway Company, Northland Greyhound Lines, Incorporated, and Washington Motor Coach Company, Incorporated, intervened in opposition to the granting of the application.
Applicant, incorporated under the laws of the State of Montana in 1923, has been operating motorbusses in interstate or foreign commerce for a number of years. The issuance of a certificate to continue operations, in interstate or foreign commerce, as a common carrier by motor vehicle, of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers, between Kalispell and Missoula, Mont., over U. S. Highway 93, between Missoula and Idaho Falls, Idaho, over U. S. Highways 10, 10A and 91, between Butte and Sweet Grass, Mont., over U. S. Highway 91, and between Anaconda and Hamilton, Mont., over U. S. Highway 10 and Montana Highway 38 was authorized in Intermountain Transp. Co. Common Carrier Application, 4 M. C. C. 245. The issuance of a certificate to applicant embracing motorbus passenger operations between Glasgow, Mont., and Williston, N. Dak., over U. S. Highway 2 was authorized in International Transp. Co. Extension of Operations, 4 M. C. C. 342. In the latter case are detailed the numerous applications 1 filed by applicant and pending with this Commission to conduct
passenger operations by motorbus, in interstate or foreign commerce, between the points and over the routes therein described.
The route embraced by the instant application, as heretofore indicated, would constitute an extension of applicant's line northeastward over Montana Highway 29 and U. S. Highway 2 from Great Falls by way of Havre to Glasgow 2 approximately 280 miles. Applicant has a certificate of public convenience and necessity issued by the Montana Board of Railroad Commissioners authorizing operation over the described route and has been conducting an alleged intrastate bus service thereover since August 3, 1936.
At present there is no carrier operating a passenger and express service by motorbus in interstate or foreign commerce over the route embraced by the application. Applicant proposes to serve all interstate points on the described route including Fort Benton, Mont. The principal points served by the proposed extension are Great Falls, Carter, Fort Benton, Big Sandy, Havre, Chinook, Harlem,
1 The applications have been heard and made the subject of recommended reports and orders.
At Glasgow the line would connect with applicant's Glasgow-Williston operation for which a certificate was authorized in Intermountain Transp. Co. Extension of Operations, supra.
* Fort Benton, Mont., referred to in the application and at the hearing as an off-route point is approximately one mile off Montana Highway 29.