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No. MC-10110 (SUB-No. 1) CLARA R. KISHBAUGH EXTENSION OF OPERATIONS

Decided July 14, 1938

Operation by applicant as a contract carrier, of malt beverages, from Wilkes

Barre, Pa., to points in New York, New Jersey, Delaware, Maryland, and Connecticut, and of empty malt-beverage containers on return trips, over irregular routes, found consistent with the policy declared in section 2012

(a) of the Motor Carrier Act, 1935. Permit granted. Arthur Wolfe for applicant.

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

On June 24, 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 May 19, 1938, Clara R. Kishbaugh, of WilkesBarre, Pa., seeks a permit authorizing operation as a contract carrier by motor vehicle, in interstate or foreign commerce, of malt beverages, from Wilkes-Barre to points in New York, New Jersey, Delaware, Maryland, and Connecticut, and of empty malt-beverage containers on return trips, over irregular routes. 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 the examiner for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.

Applicant commenced trucking operations in Wilkes-Barre in 1900, hauling coal, flour, building materials, and other commodities to points within Luzerne County, Pa. Operations were expanded thereafter so that applicant has been operating throughout the State of Pennsylvania. Authority for the Pennsylvania operations was obtained from the State Public Utility Commission. It is also noted

that applicant seasonably filed an application with the Interstate Commerce Commission, in Docket No. MC-10110, for operations commenced prior to July 1, 1935.

In 1904 applicant began transporting malt beverages for the Stegmaier Brewing Company of Wilkes-Barre. Transportation for this firm has been continuous within Pennsylvania. It is now sought to extend operations so that applicant may be permitted to haul malt beverages to points in New York, New Jersey, Delaware, Maryland, and Connecticut, and return with empty containers. The extension involves hauling for Stegmaier Brewing Company only, a shipper whom applicant has been serving for many years as hereinabove noted.

It appears that the shipper named has been satisfied with the services rendered by applicant in the past. In this connection the shipper has specifically requested the Commission to grant applicant the authority sought. In contemplation of the proposed service here considered, a contract has been filed relative to the relationship of applicant and shipper in rendering the additional service. It is stipulated, however, that operation thereunder is contingent upon receiving appropriate authority from the Commission.

According to the shipper's experience, rail facilities are inadequate for the performance of the desired transportation. The shipper is equipped to load trucks but does not have the special equipment required for loading railroad cars. Transportation by truck has proven more satisfactory in meeting the demand for prompt delivery and careful handling. The shipper reports that its customers have also expressed a definite preference for having shipments made by truck. The shipper pointed out, moreover, that when empty containers are returned to the plant by rail service a period of several days elapses before the containers reach the plant. On the other hand, when trucks have been employed the return of containers has been effected in a substantially reduced period of time. As a result, a saving is realized through eliminating the need of maintaining a relatively large stock of containers. The superior service rendered by truck transportation in meeting the specialized needs of the shipper, with the consequent benefit to the public, indicates that applicant's proposed operations would be in the public interest.

Applicant noted two competitors who perform a like service. Both competitors suggested that it would be consistent with the public interest to authorize applicant's proposed operations.

Applicant is equipped with two 1936-model semitrailers, with a capacity of 36,000 pounds each. In addition, she maintains a garage for the equipment. The record of applicant's operations in the past discloses that she has developed a very profitable business, and that she is financially and otherwise able to conduct the additional service considered in this proceeding.

The examiner finds that operation by applicant as a contract carrier by motor vehicle, in interstate or foreign commerce, of malt beverages, from Wilkes-Barre to points in New York, New Jersey, Delaware, Maryland, and Connecticut, and of empty malt-beverage containers on return trips, over irregular routes, will be consistent with the public interest and with the policy declared in section 202 (a) of the act.

The examiner further 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 lawful requirements, rules, and regulations of the Commission thereunder; and that an appropriate permit should be granted upon full 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-73336 (SUB-No. 1)
LYNN E. JONES EXTENSION OF OPERATIONS

Decided July 14, 1938

Public convenience and necessity found to require operation by applicant as

a common carrier by motor vehicle, of such bulk commodities as are trans-
ported in dump trucks, between points in Belmont, Guernsey, Harrison,
Jefferson, Monroe, and Noble Counties, Ohio, on the one hand, and points
in Brooke, Hancock, Marshall, Ohio, Pleasants, Tyler, and Wetzel Coun-
ties, W. Va., on the other, over irregular routes. Certificate granted.
Application denied in all other respects.
D. L. Bennett for applicant.

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

On June 24, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 61, 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. 61, COMPOSED OF

CHARLES F. SCHABER OF OHIO AND JAMES P. TIERNEY OF WEST VIRGINIA

By application filed March 28, 1938, Lynn E. Jones, of Moundsville, W. Va., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of such bulk commodities as are transported in dump trucks, between points in Ohio and West Virginia, over irregular routes. No protest against granting of the application has been filed.

It appearing, upon investigation of the matters and things involved in this application, that no hearing in respect thereof might be necessary, the application was referred to joint board No. 61 for appropriate proceedings in accordance with the provisions of the Motor Carrier Act, 1935.

By virtue of an application filed February 11, 1936, and the Commission's order of February 10, 1938, applicant was authorized

1 Under the "grandfather" clause of section 206 (a) of the Motor Carrier Act, 1936.

to engage in transportation of such bulk commodities as are transported in dump trucks, from Martins Ferry, Ohio, and Benwood, W. Va., to points in Brooke, Hancock, Ohio, Marshall, Tyler, and Wetzel Counties, W. Va., and Belmont County, Ohio, over irregular routes. Under that authority applicant is required to return empty to West Virginia from points in Ohio except Martins Ferry.

The instant application seeks to extend operations to include six counties in Ohio and one additional county in West Virginia in order to provide for loaded movements in both directions.

The proposed extension of operations will enable applicant to handle return loads, thus lowering his cost of operation and increasing his efficiency. He will be able to render a more attractive and improved service to the public. A demand exists for dumptruck service in the considered territory and an insufficient number of qualified operators are available to meet shippers' requirements Commodities transported are chiefly construction materials which require delivery at the site of construction. Railroads are physically unable to furnish this type of service and the facilities of existing dump-truck operators are inadequate.

Applicant has one 1.5-ton 1937-model dump truck and is an experienced operator. A demand exists for his services and he appears to be financially able and otherwise qualified to conduct the proposed operations. This extension will enable applicant to eliminate empty mileage and to handle loaded movements in both directions, thus rounding out his operations and promoting economical and efficient transportation.

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 such bulk commodities as are transported in dump trucks between points in Belmont, Guernsey, Harrison, Jefferson, Monroe, and Noble Counties, Ohio, on the one hand, and points in Brooke, Hancock, Marshall, Ohio, Pleasants, Tyler, and Wetzel Counties, W. Va., on the other, over irregular routes. In all other respects the application should be denied. It is recommended that the appended order be entered.

9 M. C.C.

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