No. MC-890101 JOSEPH F. SWEENER COMMON CARRIER APPLICATION Decided July 14, 1938 Public convenience and necessity found to require operations by applicants as common carriers by motor vehicle, of such bulk commodities as are usually transported in dump trucks, between points in the counties of Hancock, Brooke, Ohio, Marshall, Tyler, Wetzel, and Pleasants, W. Va., on the one hand, and points in the counties of Jefferson, Belmont, Guernsey, Monroe, Harrison, and Noble, Ohio, on the other, over irregular routes. Certificates granted. In all other respects applications denied. Joseph F. Sweener and Adolph S. Remick for applicants. 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 April 11, 1938, Joseph F. Sweener, of Wheeling, W. Va., doing business as J. F. Sweener, and by application filed April 18, 1938, Adolph S. Remick, of Wheeling, doing business as A. S. Remick, seek certificates of public convenience and necessity authorizing operations as common carriers by motor vehicle, in interstate or foreign commerce, of such bulk commodities as are usually transported in dump trucks,2 between points in the counties of Hancock, Brooke, Ohio, Marshall, Tyler, Wetzel, and Pleasants, W. Va., on the one hand, and points in the counties of Jefferson, Belmont, Guernsey, Monroe, Harrison, and Noble, Ohio, on the other, over irregular routes. No protests against the granting of the applications have been filed. 1 This report also embraces No. MC-89027, Adolph S. Remick Common Carrier Application. 'Commodities as shown in the appendix under the caption "Carriers engaged in dump trucking" in Classification of Motor Carriers of Property, 2 M. C. C. 703, 711. It appearing, upon investigation of the matters involved in the applications, that no hearing in respect thereof might be necessary, the applications were referred to joint board No. 61 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. Applicants state that present common carriers by motor vehicle do not have sufficient dump trucks to supply the public demand in the affected territory. It appears that the present available equipment of common carriers by motor vehicle falls short by more than one half of the number required to supply the public demand for the type of service proposed herein. There appears to be a public need for the proposed operations. Each applicant owns one 1936-model dump truck. Joseph F. Sweener has had 10 years' experience in transportation by motor vehicle and Adolph S. Remick has had two years of such experience. Each applicant appears to be financially and otherwise fit, willing, and able to perform the proposed operations. The joint board finds that public convenience and necessity require operation by each applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of such bulk commodities as are usually transported in dump trucks between points in the counties of Hancock, Brooke, Ohio, Marshall, Tyler, Wetzel, and Pleasants, on the one hand, and points in the counties of Jefferson, Belmont, Guernsey, Monroe, Harrison, and Noble, on the other, over irregular routes; that each applicant is fit, willing, and able properly to perform such operations and to conform to the provisions of the act, and the requirements, rules, and regulations of the Commission thereunder; and that an appropriate certificate should be granted to each applicant. In all other respects the applications should be denied. It is recommended that the appended order be entered. 9 M. C. C. No. MC-86954 CENTRAL BUS LINE COMMON CARRIER APPLICATION Decided July 14, 1938 Certificate of public convenience and necessity, authorizing described operations by applicant as a common carrier by motor vehicle, granted. R. C. Motron for applicant. E. T. Conmy, Jr., and Weldon A. Dayton for protestants. 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. 158, 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. 158, COMPOSED OF ELMER W. CART OF NORTH DAKOTA AND C. L. DOHERTY OF SOUTH DAKOTA By application filed May 13, 1937, Julius A. Roswick and Harry W. Roseen, of Bismarck, N. Dak., copartners, doing business as the Central Bus Line, seek a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of passengers and their baggage and of express, mail, and newspapers in the same vehicle with passengers, between Bismarck, N. Dak., and Pierre, S. Dak., over U. S. Highway 83, serving all intermediate points, and of chartered parties from Bismarck and "vicinity" to all points in South Dakota. The application was referred to joint board No. 158 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Certain rail lines opposed the granting of the application. At the hearing the application was amended by substituting Central Bus Line, of Bismarck, a newly formed corporation, as applicant instead of Julius A. Roswick and Harry W. Roseen, copartners, doing business as the Central Bus Line. At the hearing applicants also sought to amend the application to cover chartered party operations from "any points in the States of North Dakota or South Dakota and deliver them to any point in any other State." Protestants objected to the proposed amendment except as to Mandan as an origin point, because that point is in the "vicinity" of Bismarck. The proposed amendment as to origin points other than Bismarck and Mandan should be denied. The Commission, however, has no authority to place any limitation upon the destination points or territory which a regular-route common carrier of passengers may serve in special or chartered party operations. Peninsula Transit Corp. Common Carrier Application, 1 M. C. C. 440, 442. Upon consideration of all evidence of record, the joint board finds that present and future public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage and of express, mail, and newspapers in the same vehicle with passengers, between Bismarck, N. Dak., and Pierre, S. Dak., over U. S. Highway 83, serving all intermediate points, and of chartered parties from Bismarck and Mandan, N. Dak., to all points in the United States; that applicant is fit, willing, and able properly to perform such service and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; and that an appropriate certificate should be granted. In view of the findings herein, the joint board recommends that the appended order be entered. 9 M. C. C. No. MC-2040 WILLIE WALLEN COMMON CARRIER APPLICATION Decided July 15, 1938 Operation by applicant as a common carrier by motor vehicle, of passengers, baggage, and mail, between St. Louis and Ellington, Mo., found not to be in interstate or foreign commerce. Application denied. Willie Wallen for applicant. George W. Holmes for protestant. 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. 179, were served on the parties. No exceptions to the order were filed, but on July 5, 1938, we postponed to July 15, 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. 179, COMPOSED OF B. R. GILLESPIE OF MISSOURI By application1 filed February 12, 1936, Willie Wallen, of Bismarck, Mo., seeks a certificate of public convenience and necessity authorizing continuance of operation as a common carrier by motor vehicle, of passengers, baggage of passengers, and mail, in interstate or foreign commerce, between St. Louis and Ellington, Mo., and between Potosi and Flat River, Mo., over specified routes as follows: Between St. Louis and Ellington: U. S. Highway 61 from St. Louis to junction with Missouri Highway 21; Missouri Highway 21 from junction with U. S. Highway 61 to Ellington. Serving St. Louis and intermediate points from De Soto to Ellington, inclusive. Between Potosi and Flat River: Missouri Highway 8 from Potosi to Flat River. Serving all intermediate points. In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 179 for hearing and the recommendation of an appropriate order thereon. Hearing has 'Under the "grandfather" clause of section 206 (a) of the Motor Carrier Act, 1935. |