to fulfill financial obligation in respects such as prompt remittance of amounts due on connecting-line accounts and amounts due shippers on c. o. d. shipments, was fragmentary and inconclusive. From the entire evidence of record it appears that the points affected by the application are adequately served by both rail and motor carriers. The joint board finds that the present and future public convenience and necessity do not require the operation proposed by applicant, and that the application should be denied. It is recommended that the appended order be entered. 9 M. C. C. No. MC-88907 C. F. ROWE COMMON CARRIER APPLICATION Decided July 27, 1938 Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, of disabled automobiles and trucks, between Portland, Oreg., and all points in the State of Washington, over irregular routes. Certificate granted. C. F. Rowe for himself. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On July 2, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 45, 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. 45, COMPOSED OF ALVIN KURTZ OF OREGON AND FRED J. SCHAAF OF WASHINGTON By application filed March 16, 1938, C. F. Rowe, of Portland, Oreg., doing business as Rowe Brothers Towing Service, seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of disabled automobiles and trucks, between Portland, Oreg., and all points in the State of Washington, 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 might be necessary, the application was referred to joint board No. 45 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. Applicant states that the present service does not adequately meet the demands of the public and that there is a need for his service. Applicant has had five years experience in transporting disabled automobiles and trucks by motor vehicle. He owns a 1.5-ton 1931model pick-up truck. He appears to be fit, willing, and 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 disabled automobiles and trucks, between Portland, Oreg., and all points in the State of Washington, over irregular routes; 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. 9 M. C. C. No. MC-1862 (SUB-No. 1) DIXIE MOTOR COACH CORPORATION EXTENSIONFORT WORTH-DENTON Decided July 28, 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 express and mail in the same vehicle with passengers, between Fort Worth and Denton, Tex., serving intermediate points over a regular route. Certificate granted. Application denied in all other respects. J. C. Duvall 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. 77, were served on the parties. No exceptions to the order were filed, but on July 18, 1938, we postponed to July 28, 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. 77, COMPOSED OF C. V. TERRELL OF TEXAS By application filed May 21, 1937, Dixie Motor Coach Corporation, of Dallas, Tex., 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 of express, mail, and newspapers in the same vehicle with passengers, between Fort Worth and Denton, Tex., over an unnumbered highway through Haslet, Justin, and Ponder, Tex. In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 77 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. No one opposed the-granting of the application. Since May 1936 applicant has been operating over the route herein considered under authority of a certificate of convenience and neces sity issued by the Railroad Commission of Texas and has rendered only intrastate service to the points involved. Applicant also operates in interstate commerce between the termini considered over U. S. Highway 377. This latter operation is covered by a separate application filed with the Commission under the "grandfather" clause of section 206 (a) of the act. It appears that there is a need on the part of residents of the various towns served on the intrastate route to be enabled to make through connections to interstate points served by applicant. The granting of this authority to applicant will permit such residents to make direct connections with other branches of applicant's lines to points in Oklahoma and Arkansas, a service which is not now available. Applicant stated that the transportation of newspapers now performed on this route is intrastate service only, and that it is not contemplated that any interstate shipments of newspapers will be made. It does handle small packages in express service. Although applicant does not now transport mail, it desires to receive authority to perform such transportation and it has heretofore been determined that authority to transport mail may be granted without further proceedings in response to an application such as the one before us. Capital Motor Lines Common Carrier Application, 1 M. C. C. 462. Applicant is financially able to conduct 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 passengers and their baggage and of express and mail in the same vehicle with passengers, between Fort Worth and Denton, over an unnumbered highway through Justin, Ponder, and Haslet, to junction of Texas Highway 24, thence over Texas Highway 24 to Denton, 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 rules, regulations, and requirements of the Commission thereunder; and that a certificate therefor should be granted. The board further finds that applicant may transport in interstate or foreign commerce to any place within the United States special or chartered parties which originate in the territory served by its routes or which it receives from other carriers at points on its routes, subject to all rules, regulations, and requirements applicable to such operation which may be issued by the Commission. This latter finding is subject to appropriate modification upon the promulgation of general rules and regulations governing special or charter-party operations. The appended recommended order should be entered. |