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No. MC-11285 1

DANIEL J. McCONVILLE CONTRACT CARRIER

APPLICATION

Decided July 11, 1938

1. Operation by applicant as a contract carrier by motor vehicle, of aluminum

pigs, coal, and coke, in interstate or foreign commerce, between Ogdensburg, N. Y., and Massena, N. Y., over a regular route, found consistent with the public interest and with the policy declared in section 202 (a)

of the Motor Carrier Act, 1935. Permit granted. 2. Applications in Nos. MC-4743 and MC-11285 dismissed at request of

applicant.
Josiah D. Greene for applicant.
Charles A. Halpin and B. A. VanGorden for protestants.

REPORT OF THE COMMISSION
DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS
BY DIVISION 5:

On June 11, 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 were filed, but on July 1, 1938, we postponed to July 11, 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 THE EXAMINER

By application filed February 1, 1937, in No. MC-11285 (Sub-No. 1), Daniel J. McConville, of Ogdensburg, N. Y., seeks a permit authorizing operations, in interstate or foreign commerce, as a contract carrier by motor vehicle, of aluminum pigs, coal, and coke, between Ogdensburg, N. Y., and Massena, N. Y., over New York Highway 37. By application filed February 5, 1936, in No. MC-4743 applicant seeks a certificate authorizing operation as a common carrier, of general commodities, over specified routes between points in New York, and by application filed February 5, 1936, in No. MC11285 he seeks a permit authorizing operation as a contract carrier,

1 This report also embraces Nos. MC-11285 (Sub-No. 1), Daniel J. McConville Contract Carrier Application, and MC-4743, Daniel J. McConville Common Carrier Application.

of newsprint paper, between points in New York, over regular and irregular routes.

In accordance with the provisions of the Motor Carrier Act, 1935, the applications were referred to the examiner for hearing and the recommendation of an appropriate order thereon. Hearing has been held. These cases were heard on a consolidated record and will be disposed of in one report. The rail carriers operating in eastern trunk-line territory and Railway Express Agency, Incorporated, opposed the granting of the applications.

At the hearing applicant's counsel stated that applicant had no desire for a certificate as a common carrier and that the transportation of newsprint paper was wholly in intrastate commerce. A motion therefore was made to withdraw the applications in Nos. MC4743 and MC-11285. These applications should be dismissed.

Applicant started in the trucking business in 1915. He has been operating in the vicinity of Massena for a number of years. This business has been principally intrastate. In June 1935 applicant entered into an oral contract with the George Hall Coal Corporation to transport aluminum pigs from the plant of the Aluminum Company of America located at Massena to Ogdensburg, and to transport coal and coke on return trips. The first shipment under contract was not made until August 30, 1935. The movement is seasonal, however. The material is sold and has to be delivered during the season of navigation. Some movements are made at other periods of the year at the discretion of the Aluminum Company of America. At times there is an accumulation of this commodity at the docks. Instead of closing the plant when orders are slack at the plant, the company continues to manufacture pigs, which are handled by applicant and stored on the docks for ultimate transportation to destination by boat. The commodities in all instances are moving under a joint arrangement for continuous transportation in interstate or foreign commerce.

The George Hall Corporation has a contract with the Aluminum Company of America to handle aluminum pigs from its plant to points of destination. The Hall Corporation has 12 boats which are operated on regular schedule. The Hall Corporation hires applicant to perform the necessary truck transportation and stevedoring.

The distance from Ogdensburg to Massena is 37 miles. The aluminum dock and the coal dock at Ogdensburg are about four blocks apart. The aluminum is hauled from Massena to Ogdensburg and dumped on the dock, and the trucks are loaded with coal or coke for the return movement to Massena. It takes a truck from one hour to one and a quarter hours to make a one-way trip.

The facilities of the rail carriers that enter Ogdensburg are not suitable for use by the Hall Corporation for the reason that the tracks are not adjacent to the dock, thus requiring additional handling. The rails of the Rutland Railroad are between 400 and 500 feet from the dock while the nearest line of the New York Central Railroad is about 112 miles from the Hall Corporation dock.

Applicant owns and operates eight trucks, five of which are equipped with dump bodies, two with platform bodies, and one with a van-type body. He employs 32 people, 30 of whom are regular drivers, and maintains an office in Ogdensburg. His equipment has a carrying capacity ranging from 2.5 to 10 tons. Applicant carries adequate insurance and is financially able to carry on the proposed operation.

The examiner finds that applicant is fit, willing, and able properly to perform the services of a contract carrier by motor vehicle and to conform to the provisions of the act and the lawful 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 aluminum pigs, coal, and coke, between Ogdensburg, N. Y., and Massena, N. Y., over New York Highway 37, will be consistent with the public interest and with the policy declared in section 202 (a) of the act; 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. The applications in Nos. MC-4743 and MC-11285 should be dismissed. It is recommended that the appended order be entered.

9 M. C. C.

No. MC-1504 (SUB-No. 9) ATLANTIC GREYHOUND CORPORATION EXTENSION

FRANKLINTON-LOUISBURG-HENDERSON

Decided July 11, 1988

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, mail, and newspapers in the same vehicle with passengers, between Franklinton, N. C., and Henderson, N. C., over a regular route. Certificate granted. J. R. Turney for applicant.

REPORT OF THE COMMISSION
DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS
BY DIVISION 5:

On June 21, 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 March 2, 1938, Atlantic Greyhound Corporation, of Charleston, W. Va., 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 Franklinton, N. C., and Henderson, N. C., over North Carolina Highway 56 from Franklinton to Louisburg, N. C., and North Carolina Highway 39 from Louisburg to Henderson, and return over same route, serving all intermediate points. No protest against the granting of this 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. 103 for appropriate proceedings, in accordance with the Motor Carrier Act, 1935.

Under a pending "grandfather” application, applicant transports passengers over an extensive network of routes which includes

U. S. Highway 1 between Richmond, Va., and Raleigh, N. C. Both Franklinton and Henderson are on this main route, but it is desired to reach Louisburg and points located between Louisburg and Franklinton and Henderson on the above-named State highways. For more than a year, under North Carolina State authority, one daily trip has been maintained in each direction via Louisburg, in intrastate traffic. The territory served by the operation is quite well settled, and there is a college located at Louisburg. There is no direct rail service between Louisburg and Henderson.

Applicant has ample equipment and is financially and otherwise able to conduct the proposed operation in a satisfactory and efficient manner.

The joint board finds that applicant is fit, willing, and able properly to perform the service of a common carrier by motor vehicle, and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; 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 passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers, between Franklinton, N. C., and Henderson, N. C., over the routes set forth in this report, serving all intermediate points; and that a certificate authorizing such operations should be granted. It is recommended that the appended order be entered.

9 M. C. C.

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