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consists of three late-model 3-ton trucks and three late-model 5-ton semitrailers. Applicant is financially able to carry on the proposed operation.

The examiner finds that applicant is fit, willing, and able properly to perform the service of a contract carrier by motor vehicle, in interstate or foreign commerce, of copper, brass, and bronze products, of equipment, materials, and supplies used in or incidental to the manufacture of these products, and of office supplies and equipment, between Port Huron, on the one hand, and points in Indiana, and the Chicago commercial zone above described, on the other, over irregular routes, and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; that the proposed operations will be consistent with the public interest and with the policy declared in section 202 (a) of the act; that upon compliance with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628, a permit authorizing such operations should be granted; and that in all other respects the application should be denied.

It is recommended that the appended order be entered. 9 M.C.C.

No. MC_87266 BONDED FREIGHTWAYS, INCORPORATED, CONTRACT

CARRIER APPLICATION

Decided July 11, 1938

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

and fuel oils, from Syracuse and Utica, N. Y., to points in New York found not to be in interstate or foreign commerce. Application in No.

MC-87266 denied. 2. Operation by applicant as a contract carrier by motor vehicle, of gasoline

and fuel oils, from Syracuse, N. Y., to Athens, Bradford, Eldred, and Mansfield, Pa., and from Rensselaer, N. Y., to Greenfield and Pittsfield, Mass., found consistent with the public interest and with the policy declared in section 202 (a) of the Motor Carrier Act, 1935. Permit

granted, and application denied in all other respects.
Gerson Frank and Bernard Isley for applicant.
Maurice P. Lane and B. A. Van Gordon for protestants.

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

On June 10, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 257, 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 JOINT BOARD XO. 251, COMPOSED

OF LEO H. LEARY OF MASSACHUSETTS AND D. J. DRISCOLL or PENNSYLVANIA

By application filed February 12, 1936,* Bonded Freight ways, Incorporated, of Syracuse, N. Y., seeks a permit authorizing operation as a contract carrier by motor vehicle, in interstate or foreign commerce, of liquid petroleum products in tank truckloads only, bet ween

1 This report also embrace No. MC-87286 (Rub-Xa 1), Bote Freight ways, Incorpo rated, Extension of Operations t'nder the prandfather" clare of section 200 (a) of the Motor Carrier Art. 1975

MCC

Syracuse, Utica, Wellsville, and Cold Spring, N. Y., and points within 150 miles thereof, over irregular routes.

By another application, filed December 2, 1936, applicant seeks a permit authorizing operation as a contract carrier by motor vehicle, in interstate or foreign commerce, of liquid petroleum products in tank truckloads only, between points located in New York, Pennsyl. vania, and Massachusetts within a radius of 150 miles of Syracuse and Albany, N. Y., over irregular routes.

In accordance with the provisions of the Motor Carrier Act, 1935, the applications were referred to joint board No. 257 for hearing and recommendation of an appropriate order thereon. Hearing has been held on a single record. Trunk-line and New England rail carriers and the Railway Express Agency, Incorporated, opposed the granting of the applications but offered no affirmative testimony.

Application under "grandfather" clause.—This application was not explicit as to which of the operations indicated therein were insti. tuted prior to July 1, 1935. It was admitted, however, that applicant's operations prior to July 1, 1935, consisted of transporting gasoline and fuel oil between bulk plants located in New York. Applicant does not interchange such traffic with any rail, motor, or water carrier, participates in no through or joint rates, and does not cross any State line. The operations which applicant seeks authority to continue by virtue of the "grandfather” clause of section 209 (a) of the Motor Carrier Act, 1935, are in intrastate commerce, and authority from this Commission is not necessary for such operations. The application should be denied.

Operations instituted after July 1, 1935, and new operations.Applicant's first interstate operation began sometime in June 1936. It has consisted of transporting gasoline and fuel oil, under contract, from Rensselaer, N. Y., to Pittsfield and Greenfield, Mass., and from Syracuse, N. Y., to Athens, Pa.

All of applicant's interstate operations in Massachusetts and Pennsylvania have been unlawful from their inception. This is not necessarily a bar, however, to the granting of a permit to continue such operations. House Contract Carrier Application, 1 M. C. C. 725. We shall proceed, therefore, to consider the application on its merits, with due consideration being given to the past unlawful operation.

There is a demand by parties to contracts held by applicant for applicant's services in hauling gasoline and fuel oil from Rensselaer to Pittsfield and Greenfield, and from Syracuse to Mansfield, Athens, Eldred, and Bradford, Pa. The record shows that applicant's past operations have been carried on in an efficient and profitable manner, that applicant is financially able to conduct the proposed operations, and that its service will be consistent with the public interest. Applicant is familiar with the Commission's insurance requirements and safety regulations and is willing to comply therewith.

The board finds that applicant was not in bona fide operation, in interstate or foreign commerce, on July 1, 1935, as a contract carrier of liquid petroleum products as alleged in its application in No. MC-87266; and that said application should be denied.

The board further finds that operation by applicant as a contract carrier, in interstate or foreign commerce, by motor vehicle, of gasoline and fuel oil, in tank truckloads, over irregular routes, from Rensselaer to Pittsfield and Greenfield and from Syracuse to Mansfield, Athens, Eldred, and Bradford, will be consistent with the public interest and with the policy declared in section 202 (a) of the act; that applicant is fit, willing, and able properly to perform such seryices and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; and that a permit should be granted upon compliance by applicant with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628. In all other respects the application in No. MC-87266 (Sub-No. 1) should be denied.

Entry of the appended order is recommended.

with the pl: Bradford, wiland from S

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

9 M.C.C.

No. MC_89066 THOMAS MAIRS CONTRACT CARRIER APPLICATION

Decided July 11, 1938

Operation by applicant as a contract carrier by motor vehicle, of fertilizer

materials originating at New Westminster, British Columbia, Canada, from the international boundary via ports of entry at Blaine, Lynden, or Sumas, Wash., to points in Skagit and Whatcom Counties, Wash., over irregular routes, found consistent with the public interest and with the policy de

clared in section 202 (a) of the Motor Carrier Act, 1935. Permit granted. Thomas Mairs for applicant.

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

On June 15, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 237, 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.

OF RALPH J.

ENJAMIN

WASHINGTON

REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 237, COMPOSED

OF RALPH J. BENJAMIN OF WASHINGTON By application filed April 25, 1938, Thomas Mairs, of Burnaby, British Columbia, Canada, seeks a permit authorizing him to operate as a contract carrier by motor vehicle, in foreign commerce within the United States, of fertilizer materials originating at New Westminster, British Columbia, Canada, and destined to points in Skagit and Whatcom Counties, Wash., over irregular routes. No protest against granting of the application has been filed.

It appearing, upon investigation of the matters involved in the application, that no hearing in respect thereof may be necessary, the application was referred to joint board No. 237 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.

Applicant has entered into a contract with Canadian Industries, Limited, to transport all fertilizer materials that will move by motor vehicle from its plant at New Westminster to Skagit and Whatcom

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