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Counties, Wash. This manufacturer has been shipping fertilizer materials to large dealers in Seattle, who reship to small dealers and farmers in the above counties. It proposes to use applicant's service for direct shipment to these counties from the plant. This will result in lower transportation costs and expedited delivery. Fertilizer materials are a low-value commodity which cannot bear high transportation costs. Farmers do not usually anticipate their requirements and desire quick deliveries in small lots. The present method of shipment involves an indirect movement over rail or water lines to Seattle and trucks to destination. There is no direct service available by other motor carriers.

Applicant has operated trucks in Canada for 12 years without an accident or a prosecution for a traffic violation. He has one 2.5-ton 1935-model truck and one 2-ton 1938-model truck. He is financially able to conduct the proposed operations.

The proposed service will not be directly competitive with any established service and will be in the public interest by furnishing a cheaper, more direct, and more expedited service than is presently available.

The joint board finds that applicant is fit, willing, and able properly to perform the service of a contract carrier by motor vehicle, in foreign commerce, 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, and to conform to the provisions of the Motor Carrier Act, 1935, and the requirements, rules, and regulations of the Commission thereunder; and that such operation is and will be consistent with the public interest and with the policy declared in section 202 (a) of the act. An appropriate permit should be granted upon compliance by applicant with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628. It is recommended that the appended order be entered.

9 M. C.C.

No. MC-92542
IVAN STORER COMMON CARRIER APPLICATION

Decided July 11, 1938

Public convenience and necessity found to require seasonal operation by appli

cant as a common carrier by motor vehicle, of coal, over specified routes, from the Blind Bull mine, near Alpine, Wyo., to Idaho Falls, Idaho. Cer

tificate granted.
Ivan Storer for applicant.

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

On June 16, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 29, 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. 29, COMPOSED OF

HARRY HOLDEN OF IDAHO AND M. J. FOLEY OF WYOMING

By application dated March 6, 1936, Ivan Storer, of Idaho Falls, Idaho, seeks a certificate of public convenience and necessity authorizing seasonal operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of coal, over specified routes, from Blind Bull mine, near Alpine, Wyo., to Idaho Falls, Idaho. No protest has been filed against the granting of this application.

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

Applicant has been operating from the Blind Bull mine, located approximately 35 miles southeast of Alpine, to Idaho Falls since June 1935. In respect to such operations, applicant explained that it had been his practice to obtain verbal agreements with a customer

1 Unnumbered road and Wyoming Highway 91 to Alpine, thence Idaho Highway 22 and 0. S. Highway 191 to Idaho Falls.

for the purchase of a load of coal at a stipulated price. He then proceeded to the Blind Bull mine, paid for the coal at the mine and collected the stipulated price from the consumer upon delivery.

Applicant now seeks authority to operate as a common carrier by motor vehicle, of coal, from Blind Bull mine to Idaho Falls, from June 1 to December 31, over substantially the same routes over which he has operated in the past. The record discloses that a demand exists for this type of service as this mine is not served by rail, and the coal that is used from such mine by consumers in Idaho communities embraced herein is transported entirely by truck.

Applicant appears to have had considerable experience in the transportation of coal, and is financially able to conduct the proposed operation.

The joint board finds that public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of coal, from the Blind Bull mine, near Alpine, to Idaho Falls, over the route heretofore described, from June 1 to December 31, inclusive; that applicant is fit, willing and able properly to perform such service and to conform to the provisions of the Motor Carrier Act, 1935, and the requirements, rules, and regulations of the Commission thereunder; and that a certificate should be issued authorizing such operation. It is recommended that the appended order be entered.

9 M.O.C.

No. MC-56273 (SUB-No. 1) THOMAS LEE CONTRACT CARRIER APPLICATION

Decided July 13, 1938

Operation by applicant as a contract carrier by motor vehicle, of beer and ale,

in barrels, cartons, or cases, from Newark, N. J., to Staten Island, N. Y.,
and the return of empty cases, cartons, or barrels, from Staten Island,
N. Y., to Newark, N. J., over irregular routes, found consistent with the
public interest and with the policy declared in section 202 (a) of the Motor
Carrier Act, 1935. Permit granted.
Thomas Lee for applicant.

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

On June 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 April 20, 1938, Thomas Lee, of Stapleton, Staten Island, N. Y., doing business as Lee Trucking, seeks a permit authorizing him to operate as a contract carrier by motor vehicle, in interstate or foreign commerce, of beer and ale, in barrels, cartons, or cases, from Newark, N. J., to Staten Island, N. Y., and the return of empty cases, cartons, or barrels from Staten Island, N. Y., to Newark, N. J., over New Jersey Highways 25 and 28. 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 might be necessary, the application was referred to the examiner for appropriate proceedings in accordance with the provisions of the Motor Carrier Act, 1935.

Applicant has been engaged in the transportation business for about 15 years. He owns and operates one 1.5-ton 1938-model truck. His operations at present are, and for several years have been, confined to the transportation of beer, ale, and containers for the Horton Pilsner Brewing Company from New York City to points in Staten

Island, under a contract between himself and the said brewing company. This company has discontinued its Staten Island distribution plant and combined it with its new plant at Newark. Applicant is now required to transport the above commodities from the Newark plant to Staten Island and return. This is not a new operation but rather a change of the physical operations by applicant from New York City and Staten Island to Newark and Staten Island. His present operations are profitable and he appears to be financially and otherwise able to conduct the operations considered. Applicant's operations are not of a seasonable nature, but extend over a 12-month period.

An application in No. MC-56273 under the "grandfather” clause of sections 206 (a) and 209 (a) of the act, filed on February 11, 1936, by applicant, seeks authority to operate within the borough of Richmond, New York City. This application is being handled in a separate proceeding.

The application sets forth an incomplete regular route. However, the operation is for the most part over city streets through a densely populated and highly congested area. Under the circumstances the prescription of a regular route is not practicable.

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 beer and ale, in barrels, cartons, or cases, from Newark to Staten Island, and the return of empty cases, cartons, or barrels from Staten Island to Newark, over irregular routes, and to conform to the provisions of the Motor Carrier Act, 1935, and the requirements, rules, and regulations of the Commission thereunder; and that such operation is and will be consistent with the public interest and the policy declared in section 202 (a) of the act. An appropriate permit should be granted upon compliance by applicant with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628. It is recommended that the appended order be entered.

9 M. C. C.

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