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proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.

There is no direct rail or bus service between Cheraw and Lancaster. There is no bus service to the intermediate points of Chesterfield, Ruby, and Mount Croghan, S. C., in interstate or foreign commerce. Applicant states that traffic between Lancaster and Pageland, S. C., is now routed via Charlotte, N. C., and passengers are required to change busses at the latter point. The proposed route between these points is less than one-half the distance of the route via Charlotte. Proportionately shorter distances will be provided by the proposed route between Lancaster and points east of Pageland.

Applicant states there is a great demand for the proposed service. It will enable applicant to connect with the Atlantic Greyhound Corporation at Lancaster for traffic originating at, or destined to, points south and southwest thereof. Applicant has been granted authority to operate over the proposed route in intrastate commerce by the South Carolina Public Service Commission. It is fit, willing, and able to provide the proposed service.

The joint 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 passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers, between Cheraw and Lancaster, over the route described herein, serving all intermediate points; 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.

The joint board further finds that applicant should be authorized to transport in interstate or foreign commerce to any place within the United States special or chartered parties which originate in the territory served by the route here considered or which it receives from other carriers at points on said route, subject to the provisions of the act and the Commission's rules and regulations thereunder applicable to such operation. This finding should be deemed to be a special rule prescribed for the purpose of this proceeding, and is subject to appropriate modification upon the promulgation of general rules and regulations governing special or charter-party operations. It is recommended that the appended order be entered.

9 M. C. C.

No. MC-88479

CLAYTON TINSLEY COMMON CARRIER APPLICATION

Decided August 11, 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, mail, and newspapers in the same vehicle with passengers, in interstate or foreign commerce, between Louisville, Miss., and DeKalb, Miss., between DeKalb, Miss., and Meridian, Miss., and between Meridian, Miss., and Butler, Ala., serving all intermediate points, over specified routes.

Certificate granted.
L.P. Spinks and J. T. McCully for applicant.

REPORT OF THE COMMISSION
DIVISION 5, COMMISSIONERS AITCHISON, SPLAWN, AND ROGERS
BY DIVISION 5:

On July 22, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 14, 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. 14, COMPOSED OF

HUGH WHITE OF ALABAMA AND GILLIS CATO OF MISSISSIPPI

By application filed October 30, 1937, as amended, Clayton Tinsley, of Meridian, Miss., 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 Louisville, DeKalb, and Meridian, Miss., and Butler, Ala., over specified routes, including service at all intermediate points. 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 in respect thereof might be necessary, the application was referred to joint board No. 14 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.

1 Route 1, between Louisville, Miss., and DeKalb, Miss., over unnumbered highway and Mississippi Highway 16. Route 2, between DeKalb, Miss., and Meridian, Miss., over Mississippi Highway 39. Route 3, between Meridian, Miss., and Butler, Ala., over Mississippi Highway 19 and Alabama Highway 10.

Applicant is engaged in intrastate operations over specified routes between Meridian and DeKalb, and between DeKalb and Louisville, under separate permits from the Mississippi Railroad Commission. Applicant seeks authority herein to engage in interstate commerce over these routes and to institute a new service between Meridian and Butler over a specified route.

Applicant operates two round trips daily between Meridian and DeKalb, a distance of 31 miles, and one round trip daily between DeKalb and Louisville, a distance of 38 miles. These routes are operated separately with different vehicles but the schedules are arranged so as to afford through service between Meridian and Louisville. Mail, express, and newspapers are carried, and all intermediate points are served. Applicant has operated over these routes for the past three years. His service has been satisfactory to the public and has yielded him a profit.

Applicant proposes to operate one round trip daily throughout the year between Meridian and Butler, a distance of 39 miles, serving all intermediate points and handling mail, express, and newspapers. Meridian is the trading center for this area, while Butler is the county seat of Choctaw County, Ala., and a demand exists for service to these points. The approximate populations of the towns on this route are, for Pushmataha 150, Riderwood 750, and Butler 500. This route is not served by any public means of transportation, and residents of the territory desire that this service begin as soon as possible. Applicant has received permits from the States of Alabama and Mississippi to operate over this route but is required to commence actual operations before those permits are given final effect. Applicant needs interstate authority in order to start operations, as most of the passengers over this route will travel on interstate journeys.

Applicant has had 16 years' experience as a bus driver and 3 years' experience in the operation of an intrastate bus line in Mississippi. He has two busses in service in Mississippi and contemplates the purchase of a new 12-passenger bus for the Alabama route. He also has a 9-passenger vehicle available for emergencies. Applicant employs only experienced drivers, and his past safety record has been good. Applicant is financially able and otherwise qualified to conduct the proposed interstate operations.

The joint board finds that public convenience and necessity require operation by applicant, 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 Louisville, Miss., and DeKalb, Miss., between DeKalb, Miss., and Meridian, Miss., and between Meridian, Miss., and Butler, Ala., serving all intermediate points, over the routes 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.

No. MC-81009

NEW ENGLAND STORAGE WAREHOUSE COMPANY

BROKER APPLICATION

Decided August 12, 1938

Operations of applicant, consisting of those incidental to conduct of general ware

house business at Boston, Mass., found not to be those of a broker. Applica

tion for brokerage license denied. Gordon F. Bennett for applicant.

REPORT OF THE COMMISSION

REPORT AND ORDER RECOMMENDED BY THE EXAMINER BY DIVISION 5:

On July 23, 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 have been filed, and, not having been stayed or postponed by us, it has become effective as our order.

REPORT AND ORDER RECOMMENDED BY THE EXAMINER

By application filed February 12, 1936, applicant seeks authority to continue its present operation of arranging transportation of household goods by motor vehicle, in interstate or foreign commerce, at Boston, Mass.

The application was referred to the examiner for hearing and the recommendation of an appropriate order thereon. Hearing has been held.

Applicant's business is that of a bonded warehouseman. The usual duties of a warehouseman include any necessary drayage to and from place of storage, sorting, packing, and marking of goods, and any services that are necessary to the delivery of the goods in accordance with instructions of the storer. No charge is made for the service of

procuring transportation. When the warehouse selects the carrier it does so gratuitously and not as a person in the business of providing transportation for compensation.

The facts in this case are similar to those considered in Liberty Storage Co. Application for Brokerage License, 3 M. C. C. 320, wherein it was found that such operations were not those of brokers, and applications for brokerage licenses were denied.

Upon consideration of all evidence of record, the examiner finds that the operations of applicant are not those of a broker for the continuance of which a brokerage license is necessary, and that the application should be denied.

In view of the findings herein, the examiner recommends that the appended order be entered.

9 M. C. C.

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