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Augusta, Ga., to Swainsboro, Ga., via Louisville, Ga., over U. S. Highway 1; Louisville, Ga., to Sandersville, Ga., over Georgia Highway 24.

Augusta, Ga., to Thomson, Ga., over Georgia Highway 12; Thomson, Ga., to Sparta, Ga., over Georgia Highway 16.

In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 131 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Rail carriers in southern territory, A. A. A. Highway Express, Incorporated, and 0. D. Jones Truck Line opposed the granting of the application.

Applicant has a certificate authorizing the transportation of special commodities between points in South Carolina and Georgia. He owns three units of equipment, is an experienced operator, and began transporting petroleum and petroleum products from Charleston to points in Georgia during 1936. This operation was begun under the impression that his application gave him this authority. Upon receipt of his certificate, which restricted him to specific commodities, he immediately stopped his illegal operations.

Applicant stated that none of the commission agents of the Texas Company, for whom he proposes to haul, has any warehouse facilities at the points sought to be served for the storage of carload shipments of roofing and petroleum products other than gasoline.

An agent located at Augusta stated that he could not afford to carry package goods in carload lots because there were approximately 50 different items, that he could get quick delivery by using applicant's services, and that he would use applicant's services if applicant be granted a certificate.

An operator of a service station at Thomson stated that while applicant was operating his services were most satisfactory, that the services of the 0. D. Jones Truck Line were not satisfactory, and that common carriers operating to Thomson were unable to get their trucks up to his platform, causing delay and added expense.

A commission agent at Waynesboro testified that he would use applicant's services because he could get an order delivered in a very short time, because shipments by the present contract carriers were delayed, because split shipments could be made with other nearby dealers, and because applicant purchased gas and oil from him.

One of applicant's drivers stated that the storage space of the Texas Company at Charleston was very small and that the 0. D. Jones Truck Line transported shipments to its warehouse which were stored there for one day and delivered on the following day. In other words, the deliveries by this truck line are delayed because it does not have sufficient equipment to handle the business. The manager of the 0. D. Jones Truck Line denied that any shipments

were now stored in the warehouse referred to, and stated that all shipments were delivered promptly.

The general manager of the Sandersville Railroad Company stated that the Texas Company has a warehouse at Sandersville and that carloads and less than carloads were received over his line. Shipments of 15,000 pounds or more are given overnight service. The Central of Georgia gives daily service to Waynesboro, and the Savannah and Atlanta, in connection with the Atlantic Coast Line and the Seaboard Air Line from Charleston, also gives daily service to Waynesboro. The Charleston & Western Carolina, in connection with the Atlantic Coast Line and the Southern Railway Company, gives daily service to Augusta.

The manager of the 0. D. Jones Truck Line stated that under a contract with the Texas Company he had served the points sought to be served for the past eight years, and that he hauls about 10 tons of petroleum products to these points each month.

On crossexamination it was developed that this carrier had not served Augusta prior to January 25, 1938.

The board finds that present and future public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of petroleum and petroleum products and of asphalt and roll roofing, from Charleston, S. C., to Swainsboro, Sandersville, Sparta, Washington, Thomson, Waynesboro, and Augusta, Ga., and of empty drums on return trips, over the regular routes as hereinbefore set forth; that applicant is fit, willing, and able properly to perform such service 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-50678

FAUSTO AGUILERA COMMON CARRIER APPLICATION

Decided July 11, 1938

Public convenience and necessity found not to require operation by applicant

as a common carrier by motor vehicle, of general commodities, in interstate or foreign commerce, between points in New York, New Jersey, Massachusetts, and Pennsylvania, over specified routes. Certificate denied. T. D. Pratt for applicant. Charles A. Halpin for protestants.

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

On May 24, 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 June 30, 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 April 26, 1937, Fausto Aguilera, of Johnstown, N. Y., doing business as Johnstown Motor Freight, 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 points in New York, New Jersey, Massachusetts, and Pennsylvania, over specified routes.

In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to the examiner for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Trunk-line and New England rail carriers opposed the granting of the application.

Applicant's equipment consists of three trucks, one 1.5-ton 1935 model, one 5-ton 1935 model, and one 5-ton 1936 model. Applicant started operation in April 1935, and has been doing an intrastate business since that time. He started to operate in interstate commerce late in 1935 or early in 1936. Applicant testified that he is not now

engaged in the transportation of any commodities in interstate or foreign commerce. However, the testimony is conflicting as to whether or not he is operating in interstate commerce at the present time.

The only terminal that applicant maintains is at his home where he has a two-car garage which is used for storage purposes. Applicant's three sons do all the driving and are paid only when they go on trips, being paid so much per trip. The business is being run for the benefit of his three sons. Applicant does not show any wages or salary in his financial statement for himself.

Applicant has no oral or written contract with shippers. He has filed no tariffs with the Commission. Insurance is carried on one of the trucks. No evidence was presented to show that the existing facilities and services between the considered points are inadequate.

One witness who testified for applicant with respect to hauling beer from Brooklyn, N. Y., and Orange, N. J., stated that his company had tried other truckers but their service was not as satisfactory as applicant's. Shipments of beer from other points are transported over rail lines in carload lots.

On southbound shipments from Johnstown and Gloversville, N. Y., to New York City and Boston, Mass., the rail carriers provide secondmorning delivery on both carload and less-than-carload traffic. On northbound traffic second-morning delivery is made at Johnstown and Gloversville from Boston and overnight delivery is made from New York City. A pick-up and delivery service is available in both New York City and Boston to these points. The Railway Express Agency provides an overnight service in both directions between Boston and New York City, and other points within a similar radius.

A representative of a motor carrier testified that his company operated 31 trucks and was equipped to handle all commodities, but that it was not hauling beer because the rail rate precludes them from that field.

The record shows that there are other motor and rail carriers serving this territory. In C. & D. Oil Co. Contract Carrier Application, 1 M. C. C. 329, it was found that existing motor carriers should normally have a right to transport all traffic which they can handle adequately, efficiently, and economically, in the territory served by them, without the added competition of a new operation. The record wholly fails to establish that existing operations by motor carriers and rail carriers now performing transportation service in the territory covered by this application are deficient in this respect.

The evidence discloses that the major portion of applicant's business is of an intrastate character. From the evidence it would ap

pear that the interstate operations would be quite sporadic, and, on the whole, the evidence fails to establish that the considered interstate operation is sought or needed by the public.

The examiner finds that the present and future public convenience and necessity do not require operation by applicant as sought herein. and that the application should be denied. It is recommended that the appended order be entered.

9 M. C. C.

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