Route 2, from Rittman to points in Michigan west of U. S. Highway 23 and south of U. S. Highway 16: Ohio Highway 94 to Wadsworth, U. S. Highway 224 to junction with Ohio Highway 3, Ohio Highway 3 to Medina, Ohio, Ohio Highway 18 to Norwalk, Ohio, U. S. Highway 20 to junction with Ohio Highway 49, Ohio Highway 49 to Michigan-Ohio State line, thence irregular routes to destination. Route 3, from Toledo to Camden and Montgomery: U. S. Highway 20 to junction with Ohio Highway 49, thence Ohio Highway 49 beyond. Route 4, between Montgomery and Cincinnati and Lockland: Michigan Highway 49 to junction with U. S. Highway 20, thence U. S. Highway 20 to junction with Ohio Highway 15, thence Ohio Highway 15 to Bryan, Ohio, thence U. S. Highway 127 through Van Wert, Greenville, and Hamilton, Ohio, to Cincinnati. Return over same route. Applicant owns and operates two vehicles, one a 1936-model 2.5-ton truck with closed body which is used to pick up the eggs and butter from the various farms within a radius of 20 miles of Montgomery, and the other a 1935-model tractor and a 20-foot enclosed van semitrailer used for hauling purposes between the points described. He is able and willing to purchase any additional equipment required and to conform to all regulatory requirements. Eggs and butter.-Applicant owns two farms. For some time past he has been transporting butter and eggs from Montgomery and points within a radius of 20 miles thereof to Toledo, Fremont, Sandusky, Lorain, and Cleveland. Some of the eggs and butter are purchased from farmers in and about Montgomery and some are the products of his farms. The eggs and butter are sold direct to merchants, restaurants, and wholesalers at the Ohio points named. During the course of this transportation, the butter and eggs are the property of applicant. As to the transportation of eggs and butter produced on his own farms, applicant is a "private carrier of property by motor vehicle" within the meaning of the definition in section 203 (a) (17) of the Motor Carrier Act, 1935, and no certificate or permit from us is necessary to authorize applicant to continue these operations. Applicant testified that because of the fluctuation of prices in the market, he would rather transport eggs and butter for farmers than to purchase them. If he were given the authority sought, the farmer, rather than applicant, would take the chance of changes in the market price. Applicant is the holder of a certificate from Michigan authorizing him, among other things, to transport butter and eggs, salt, roofing, fertilizer, and new furniture between Montgomery and various Michigan points intrastate, and between Montgomery and the MichiganIndiana and the Michigan-Ohio State lines interstate. He also has the right to transport butter and eggs which he has purchased for resale. At the present time applicant has a load one way between Montgomery and Cleveland and points on that route. He states that if given the authority sought he would be able to keep his help steadily employed, and, if the present equipment is found inadequate, he will purchase additional equipment. Furniture. The furniture sought to be transported from Toledo is new furniture moving to a local dealer in Camden, a point approximately 4 miles south of Montgomery. Applicant expects to transport between 12 and 15 pieces of furniture during a year. Salt. Salt is shipped in various ways. Some is shipped in 2-pound round cans, 24 in a case, some in small 2.5-pound boxes packed in 60-pound cases, some in 25, 50, and 100 pound sacks, and some in 50-pound blocks. An officer of the Ohio Salt Company testified that practically all shipments, except in cities and towns where plants are located, were formerly made by rail in carload lots, but that competitive conditions have caused the unit of sale to be reduced to 5 tons, and delivery is now made by trucks. The witness stated that to ship less-than-carload lots by rail would make it prohibitive to the buyer, and that the buyer could not buy the salt at the plant price and ship it in lessthan-carload lots by freight. The witness further testified that at present his company could ship only to Michigan in carload lots and, if applicant is granted authority to transport salt, the salt company will guarantee him full truckloads of 10 tons to the extent of two and possibly three round trips weekly. The salt will be loaded by representatives of the salt company but unloaded by the truckmen. Fertilizer. The manager of the Tri-State Cooperative Association located at Montgomery, testified that fertilizer comes in 20 or 30 analyses; that the association handles about 400 tons of fertilizer per year; and that sometimes the supply is short on certain analyses and it is necessary to obtain some from Toledo or Lockland in a very short time. He also testified that it is cheaper to get the fertilizer in large quantities by rail but that the services of applicant are required to meet the needs of the farmers who at times require small quantities of fertilizer. The compensation would be on the basis of the rail carload rates applicable from origin to destination and the transportation charges would be paid by the association. Applicant would be assured loads of not less than 5 tons from Toledo, from which point the bulk of the fertilizer moves, and loads of not less than 10 tons from Lockland. The amount of fertilizer to be transported from Lockland would be small. Roofing.-A dealer in Montgomery testified that he uses approximately 40 tons of roofing per year and that he would use the services of applicant to transport certain sizes needed by him when it is difficult to make up a carload shipment. Applicant's services would be required to fill emergency orders only and applicant would possibly make two trips in the fall and a like number of trips in the spring of the year for this shipper. In performing this service applicant would make the trip to Cincinnati empty. The charges to be paid would be based on the carload rate applicable between Cincinnati and Montgomery. There is no sufficient showing that existing transportation facilities from Cincinnati to Montgomery are inadequate to meet the demands of this dealer in respect of these few shipments. We find that operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of eggs and butter from Montgomery, Mich., and points within a radius of 20 miles thereof to Toledo, Fremont, Sandusky, Lorain, and Cleveland, Ohio, of salt from Rittman, Ohio, to points in Michigan located west of U. S. Highway 23 and south of U. S. Highway 16, of new furniture, in crates, from Toledo to Camden, Mich., and of fertilizer from Toledo to Montgomery, over the routes hereinbefore named, is required by the present and future public convenience and necessity; that applicant is fit, willing, and able properly to perform said services and to conform to the provisions of the act and our rules and regulations thereunder; that a certificate authorizing such operations should be granted; and that the application should be denied in all other respects. An appropriate certificate will be issued upon compliance by applicant with sections 215 and 217 of the act and our rules and regulations thereunder. An order will be entered denying the application, except to the extent a certificate is granted herein. 9 M. C. C. CASES REPORTED IN INTERSTATE COMMERCE COMMISSION REPORTS, UNDER PART I OF THE INTERSTATE COMMERCE ACT, WHICH INVOLVE ALSO ISSUES UNDER PART II OF THE ACT July 7, 1938, to October 11, 1938, inclusive Gasoline from San Francisco Bay Points to Ogden, Utah, 229 I. C. C. 33. Relation of minimum rail rates on gasoline to minimum motor rates prescribed on petroleum and petroleum products from the same origins, prescribed in 8 M. C. C. 200. Denims from St. Louis to Kansas City and St. Joseph, Mo., 229 I. C. C. 135 (141). Proposed reduced factor of rail combination which, together with drayage expense, equalized rail and motor rates as contravening sec. 202 (a) of Part II. Freight Forwarding Investigation, 229 I. C. C. 201. Jurisdiction of the Commission, under Parts I and II, over forwarding companies. 9 M. C. C. 801 |