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No. MC-32130 (SUB-No. 1)
R. S. AND G. W. POWELL CONTRACT CARRIER

APPLICATION

Decided July 8, 1938

Operation by applicants as a contract carrier by motor vehicle, of cast-iron pipe,

from Lynchburg, Va., to points in North Carolina found consistent with
the public interest and with the policy declared in section 202 (a) of the
act. Permit granted.
R. S. Powell for applicants.

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

On June 18, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 7, 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. 7, COMPOSED OF

STANLEY WINBORNE OF NORTH CAROLINA AND H. LESTER HOOKER OF VIRGINIA

By application filed March 11, 1938, R. S. Powell and G. W. Powell, of Burkeville, Va., copartners doing business as R. S. Powell, seek a permit authorizing operation, in interstate or foreign commerce, as a contract carrier by motor vehicle, of cast-iron pipe, from Lynchburg, Va., to points in North Carolina. No protest against the granting of this application has been filed.

It appearing, upon investigation of the matters and things involved in the application, that no hearing in respect thereof might be necessary, the application was referred to joint board No. 7 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.

In No. MC-32130 applicants sought, under the "grandfather” clause of section 209 (a) of the act, a permit authorizing among other things the operation proposed herein, but they were unable to furnish proof of operation on or before July 1, 1935.

Applicants began hauling cast iron pipe for Glamorgan Pipe & Foundry Company of Lynchburg, Va., in July 1935. The greater portion of the traffic moved to points in Virginia, but occasional shipments were transported to North Carolina points. The traffic developed from projects of the Works Progress Administration which required delivery in each case to the immediate job location. The shipper considers applicants' past service satisfactory and desires continuance thereof. The material required at a particular point is generally less than the quantity that can be economically transported by rail under carload rates, and rail transportation entails the additional expense of handling between the rail terminal and the job location.

Applicants own two tractor-trailer units. They are financially and otherwise able to conduct the proposed operation in an efficient and appropriate manner.

The joint board finds that the operation by applicants as a contract carrier by motor vehicle, of cast-iron pipe, from Lynchburg, Va., to all points in North Carolina, over irregular routes, will be consistent with the public interest and with the policy declared in section 202 (a) of the act; that applicants are fit, willing, and able properly to perform such service and to conform to the provisions of the act, and the rules, regulations, and requirements of the Commission thereunder; and that a permit authorizing such operation should be granted, upon compliance by applicants 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. O. C.

No. MC-39953

ELMER STAURING (ANNIE J. STAURING, ADMINISTRA

TRIX) CONTRACT CARRIER APPLICATION

Decided July 8, 1938

Operation by applicant as a contract carrier by motor vehicle, in interstate or

foreign commerce, of steel stampings and bronze tanks, from Utica, N. Y., to Springfield, Mass., over a regular route, found consistent with 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.
Michael J. O'Mahoney for applicant.

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

On June 8, 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 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.

REPORT AND ORDER RECOMMENDED BY THE EXAMINER

By application : filed February 10, 1936, Elmer Stauring, of Utica, N. Y., now deceased, sought a permit as a contract carrier, of stampings, in interstate or foreign commerce, in New York and Massachusetts, over regular routes. Applicant died January 15, 1937. His wife, Annie J. Stauring, has been appointed administratrix of the estate and has since operated the business.

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. No protestants appeared.

The operation for which authority is sought is the transporting of steel stampings and bronze tanks from Utica, N. Y., to Springfield, Mass., and from Utica to Buffalo, N. Y., for the Bossert Company, Incorporated, of Utica.

1 Under the "grandfather" (ause of section 209 (a) of the Motor Carrier Act, 1935.

The movement from Utica to Buffalo is entirely within the State of New York. The goods are manufactured at Utica and there is no intention to transport them beyond Buffalo. The transportation, therefore, is in intrastate commerce and not subject to the jurisdiction of this Commission.

The hauling from Utica to Springfield is a year-round operation under a bilateral contract, a copy of which is filed with the Commission. Two of the three 1.5-ton capacity trucks owned by the estate are regularly engaged in the operation, which necessitates one or two trips a week. Two drivers are employed, and an adequate coverage for public-liability, property-damage and cargo insurance is provided by the carrier.

It is not clear from the record whether this operation was conducted prior to July 1, 1935. Applicant was registered under the National Recovery Administration trucking code, 1935. The first shipment to Springfield of which there is any evidence was made September 12, 1935. As applicant was engaged in such transportation on October 15, 1935, the effective date of section 209 (a) of the act, and seasonably filed an application, such operation has been lawful, and the act authorizes its continuance unless otherwise ordered by the Commission. It appears from the evidence that the estate is financially able to continue the operation under consideration. No carrier service is performed for other shippers.

While it appears that applicant is not entitled to a permit under the "grandfather” clause provision of the act, the carrier operation under consideration has been continuous since September 12, 1935, and the shipper apparently desires to continue to employ applicant's facilities. There was no opposition to the application, and it does not appear that such operation would be contrary to the public interest.

The examiner finds that applicant is fit, willing, and able properly to perform the proposed service and to conform to the provisions of the act and the rules, regulations, and requirements of the Commission thereunder; that the operation by applicant as a contract carrier by motor vehicle of steel stampings and bronze tanks from Utica, N. Y., to Springfield, Mass., over U. S. Highway 5 to Albany, thence to Springfield over U. S. Highway 20, is consistent with the public interest and with the policy declared in section 202 (a) of the act; and that an appropriate 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 should be denied. It is recommended that the appended order be entered.

No. MC-88123
JOHN WAITS COMMON CARRIER APPLICATION

Decided July 8, 1938

Operation by applicant as a common carrier by motor vehicle, of building

materials and oil-field equipment, between Odessa, Tex., and points within a radius of 40 miles thereof, found not to be in interstate or foreign commerce. Application denied. John Waits for applicant. Herbert L. Smith for protestants.

REPORT OF THE COMMISSION
DIVISION 5, COMMISSIONERS EASTMAN, 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. 77, 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.

REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 77, COMPOSED OF

MARK MARSHALL OF TEXAS

By application filed July 1, 1937, John Waits, of Odessa, Tex., seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, of building materials and oil-field equipment, between Odessa and points in Texas within a radius of 40 miles thereof, over irregular routes.

In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 77 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Rail carriers and rail-controlled motor carriers serving Texas filed a petition opposing the granting of the application, but withdrew objections at the close of the hearing.

Applicant began his operations on June 5, 1937, and since that time has performed transportation only for a building-supply firm having a main yard at Odessa and branches at Monahans and Midland, Tex. This firm receives, at Odessa, carloads of lumber and

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