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a code of fair urucking businese Derating rights

common carrier by motor vehicle, of general commodities, in inter. state or foreign commerce, between points in New Jersey, New York, Pennsylvania, Delaware, and Maryland over irregular 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. New England, trunk-line, and southern railroads and the Railway Express Agency, Incorporated, intervened in opposition to the application but introduced no testimony.

On September 30, 1936, applicant succeeded to the operating rights of Von Laszewski, who began this trucking business about 1927 and was registered under a code of fair competition for the trucking industry on July 18, 1934. At one time Von Laszewski operated five trucks, but diminishing business, ill health, and other activities gradually

educed the volume of traffic being moved and only one truck was taken over by the purchaser, who previously did hauling for a New York manufacturer. He has since added two trucks to his equipment. The commodities handled include produce, glass, glass products, paint, paper envelopes, canned goods, animal feed, Christmas decorations, and anything else available, including household goods.

The chief territory of origin is Cumberland, Salem, Gloucester, and Atlantic Counties, N. J. Representative points reached have been Buffalo, Albany, and New York, N. Y., Pittsburgh, WilkesBarre, Bellefonte, Harrisburg, Christiana, Reading, and Philadelphia, Pa., Wilmington, Christiana, and Clayton, Del., and Baltimore and Cumberland, Md. Return loads, such as grain, have been quite frequent. Applicant has no desire, however, to continue the service to the more distant points and is content to restrict his territory outside New Jersey to southeastern New York, the eastern parts of Pennsyl. vania and Maryland, and Delaware. In view of the uncertainty of proof as to his holding out to serve the distant points at the time that he acquired the business, the findings herein will be limited accordingly. Even in the reduced territory shipments to various points formerly served have fallen off because of the business recession; but, since there is still a holding out to serve the area, it would be unfair to curtail applicant's "grandfather” rights for that reason, especially since the products of the territory of origin have such a widespread market.

Applicant carries public-liability, property, and cargo insurance. He and his predecessor submitted numerous shipping documents in support of his claims, for inspection by interested persons. They are said to be representative of many others given to the Commission's district supervisor or lost at his predecessor's office. While the record is conflicting in some respects, it is adequate to permit a conclusion to be drawn as to the scope of applicant's present rights under the act.

* Substitution of purchaser as applicant herelo rus authorted on November 2, 1986.

The examiner finds that applicant or his predecessor was on June 1, 1935, and continuously since that date has been, in bona fide operation as a common carrier by motor vehicle, of general commodities, including household goods, in interstate or foreign commerce, over irregular routes, between points in all of Cumberland County and in those parts of Salem, Gloucester, and Atlantic Counties, N. J., southwest of U. S. Highway 322 between Elmer and Clayton on the west and May's Landing on the east, on the one hand, and points in the New York commercial zone (as established in 1 M. C. C. 665), in Pennsylvania on and east of U. S. Highway 222 to Lancaster and Conestoga Creek and Susquehanna River thence to the Maryland boundary, in Maryland on and east of U. S. Highway 1 as far as Baltimore and Centerville, and in Delaware on and north of Delaware Highway 8, on the other hand; and that he is entitled to a certificate authorizing the continuance of such operations.

Upon compliance by applicant with sections 215 and 217 of the act and with the Commission's rules and regulations thereunder, an appropriate certificate should be issued. It is recommended that the appended order be entered.

9 M. C. C.

No. MC-92550
J. G. STROCK CONTRACT CARRIER APPLICATION

Decided July 8, 1938

Operation by applicant as a contract carrier by motor vehicle, of iron and steel

rivets from Warren, Ohio, to Detroit and Lansing, Mich., and of steel wire
from New Brighton, Pa., to Warren, over specifed routes, found consistent
with the public interest and with the policy declared in section 202 (a) of
the Motor Carrier Act, 1935. Permit granted. Application denied in all
other respects.
J. G. Strock for applicant.
J. P. Canny for protestants.

REPORT OF THE COMMISSION
DivisioX 5, COMMISSIONERS EASTMAX, LEE, AND ROGERS
BY DIVISION 5:

On June 8, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 244, were served on the parties. No exceptions to the order 'were filed, but on June 28, 1938, we postponed to July 8, 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.

KEPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 244, COMPOSED OF

DOX W. CANFIELD OF MICHIGAX, E. T. SCHREIXER OF OMO, AXD DEXIS J. DRISCOLL OF PENNSYLVANIA

By application filed June 8, 1936 J. G. Strock, of Warren, Ohio, doing business as Safeway Motor Freight Company, seeks a permit authorizing continuance of operation as a contract carrier by motor vehicle, in interstate or foreign commerce, of general commodities, between points in the States of Ohio, Michigan, and Pennsylvania, over irregular routes.

In accordance with the provisions of the Motor Carrier Act, 1933, the application was referred to joint board No. 244 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Rail carriers in Central Freight Association territory opposed the granting of the application.

Applicant has been employed by the Brainard Rivet Company as shipping clerk for the past six years. During the period of such en

ployment he has conducted a trucking operation transporting iron and steel rivets for the company from Warren to Detroit and Lansing, Mich., and steel wire from New Brighton, Pa., to Warren over the following routes:

Route 1, from Warren to Detroit, via Cleveland and Toledo, Ohio, over U. S. Highway 422, Ohio Highway 2, and U. S. Highway 24.

Route 2, from Warren to Lansing, over route 1 to Toledo, thence via Jackson, Mich., over U. S. Highways 223 and 127.

Route 3, from New Brighton to Warren, via Youngstown, Ohio, over Pennsyl. rania Highway 51, Ohio Highways 14 and 7, and U. S. Highway 422.

Since July 1, 1935, applicant has occasionally transported rivets from Warren to New Brighton. Ten freight bills and one shipping order submitted by applicant as representative of the commodities hauled from June 24, 1933, to September 13, 1937, involve shipments of rivets from Warren to Detroit. Applicant testified he had documentary evidence in his file supporting his other operations.

On July 1, 1935, applicant owned and operated one truck. He has since augmented his equipment by two additional trucks. He has authority to operate as a contract carrier in Michigan and Ohio. He carries adequate insurance and is financially able to conduct the involved operation.

Although applicant has engaged in transportation since 1932 he failed to file his application within 120 days after section 209 of the Motor Carrier Act, 1935, became effective, and, therefore, is entitled to authority to continue his operations only to the extent that they are found to be consistent with the public interest and with the policy declared in section 202 (a) of the act. Pomeroy Contract Carrier Application, 4 M. C. C. 723.

In addition to applicant's trucking services Brainard Rivet Company employs the services of railroads and common-carrier trucking companies in the transportation of its products. Its manager testified that while other transportation facilities are available applicant's services are a convenience to the company and often a necessity in emergency cases. Applicant has been in bona fide operation as a contract carrier of rivets and wire over the described routes for the past six years. This fact, although not controlling on the question of consistency with the public interest, tends to show that there is some need for his services by the Brainard Rivet Company. It is also apparent that continuance of his present operations will not detract from the business of the carriers now serving the territory.

The board finds that applicant is fit, willing, and able properly to perform the services of a contract carrier by motor vehicle of iron and steel rivets from Warren to Detroit, via Cleveland and Toledo, over U. S. Highway 422, Ohio Highway 2, and U. S. Highway 24, and from Warren to Lansing over the afore-described route to Toledo, thence via Jackson, over U. S. Highways 223 and 127, and of steel wire from New Brighton to Warren, via Youngstown, over Pennsylvania Highway 51, Ohio Highways 14 and 7, and U. S. Highway 422; that said operations are consistent with the public interest and with the policy declared in section 202 (a) of the act ; and that upon full compliance with all requirements of sections 215 and 218 of the act, with the Commission's rules and regulations thereunder, and with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628, an appropriate permit should be granted.

It is recommended that the appended order be entered.

The joint-board member from the State of Pennsylvania, who was necessarily absent, did not participate in the disposition of this case.

9 M. C. C.

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