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Operation by applicant as a broker, arranging for the transportation of household goods, was not consistent with the public interest and policy of sec. 202 (a) when benefit to carriers for whom he secured traffic was outweighed by his negotiation of traffic mainly for the carrier with whom he shared an office and whose employees received his telephone calls in his absence, which close association with this particular carrier cast doubt upon applicant's ability to exercise an independent selection of carriers in the public interest; and it was doubtful if benefits would accrue to shippers commensurate with extra charges exacted by applicant in addition to carriers' published tariff rates. Kitchner Broker Application, 734 (735–736).

The Commission has no jurisdiction over motor transportation within foreign countries, and brokerage license to sell transportation to or from foreign points applies only to that portion which is performed within the United States. Barash Broker Application, 777 (779). Denial: In the following cases, the application for a broker's license was denied:

Basset Broker Application, 197; Bell Broker Application, 408; Kitchner Broker Application, 734; New England Storage Warehouse Co. Broker Application, 353; Portland Van & Storage Co. Broker Application, 731; Stanley Common Carrier Application, 482; Swanberg Broker Application, 99.

Dismissal: In the following case, the application for a broker's license was dismissed: Barrett Common Carrier Application, 269 (270).

Grant: In the following cases, brokerage operation, involving the hauling of commodities generally, was authorized:

Barash Broker Application, 777; Central Union Truck Term., Inc., Broker Application, 525; Hibbitt Broker Application, 503.

Qualifications: See LICENSES under this heading. BURDEN OF PROOF. See also CONVENIENCE AND NECESSITY (PROOF); Evi


Applicant failed to sustain the burden of proof assumed by him, as required under sec. 210 of the act, to justify holding a certificate and permit authorizing dual operations as common and contract carrier for transportation of property by motor vehicle within the same territory at the same time. It was not shown that grant of permit would contribute to success of applicant's common carriage or improve his service to the general public or that contract carriage would be profitable. Maitland Extension-Richmond, Va.-North Carolina Points, 442 (443–444).

Applicant claiming “grandfather” rights under application for certificate, filed after the effective date of the act, failed to sustain the burden of showing that services of existing carriers did not satisfy the public needs and convenience, and that the proposed service would tend to improve that condition. Warner Common Carrier Application, 614 (616). BURDEN OF TRANSPORTATION. See Value OF SERVICE. CARAVAN SERVICE. See SERVICE (CARAVAN). CARRIERS. See specific types of carriers. CERTIFICATES. See CONVENIENCE AND NECESSITY. CHARTERED OR SPECIAL OPERATION. See PASSENGERS. CLASSIFICATION.

Carriers of Property: See also specific types of carriers and services.

When classification of property carriers in 2 M. C. C. 703 separated dumptruck operators from carriers of building materials, and applicant's equipment for transportation of coal, sand, gravel, slag, asphalt, and road and building materials consisted entirely of dump trucks, certificate restricted operation to common carriage of "such commodities as are usually transported in dump trucks, including road and building materials.” Nemo Common Carrier Application, 237 (238).

Operation by the same applicant as common carrier of livestock from Barronette,
Wis., and a 15-mile radius thereof, to South St. Paul, Minn., and as contract
carrier of road machinery, culverts, and iron products from St. Paul, Minneapolis,
and Northfield, Minn., to points in several Wisconsin counties, found consistent
with the public interest and policy declared in sec. 202 of the act, since carrier
did not handle similar commodities in each operation or serve the same shippers.
Wallace Common Carrier Application, 451 (453).

It would be an anomalous situation under which a single operator of motor
vehicles would at one and the same time, as to different parts of its operations,
be a private carrier, not subject to regulation, and a common carrier, subject to
regulation. The difficulties which such a status would present with reference to
accounting, statistics, issue of securities, unifications, and the like are obvious.
Bales Common Carrier Application, 709 (710).

Participation of applicant, a van and storage company, in physical transporta-
tion of used household goods and office equipment, even though it performs only
pick-up and delivery, under arrangements with other motor carriers, and trans-
portation thereof to rail or water lines were operations of a motor carrier rather
than of a broker. Portland Van & Storage Co. Broker Application, 731 (733).

Irregular-Route Operators: See ROUTES (SCOPE OF OPERATION (list of irreg-
ular-route operations authorized)).

Exempted: See specific commodities exempted by name.

Candy: Shipments of candy in motor vehicles is a highly specialized service
and such traffic is not desired by the regular carriers. The candies are, for the
most part, shipped loosely in individual boxes, not packed in cartons, and the
commodity is fragile and entails careful handling. Spingola Contract Carrier
Application, 381 (382).

Dump-truck commodities: Proposed transportation of such bulk commodities as
are usually transported in dump trucks, between points in Ohio and West
Virginia, requires transportation between points and places where other types of
transportation are not available or practical. Certificate granted. Cunningham
Extension of Operations, 601 (602).

Fertilizer materials: Fertilizer materials are a low-value commodity which can-
not bear high transportation costs. Mairs Contract Carrier Application, 61.

Highway materials: Although applicant requested authority to operate dump
truck for hauling materials used in the construction of highways over specific
routes, the certificate granted authorized such operation over irregular routes
because of the nature of operation incident to highway construction. Rubin
Common Carrier Application, 447 (448).

Household goods: The nature of household-goods moving business renders
such rail facilities as may be available inadequate to meet the requirements of
shippers, and makes necessary the proposed motor transportation. Harrell
Common Carrier Application, 413 (414).

Dangerous Articles: See DANGEROUS ARTICLES.

Irregular-Route Authorization: See also Routes (SCOPE OF OPERATION (list
of irregular-route operations authorized)).

Holding out, as well as the actual operation, of oil-field and household-goods
carriers conducting operations over irregular routes, has been considered by the
Commission in the issuance of certificates under the “grandfather” clause to such
carriers because of the specialized service rendered. Aronson Common Carrier
Application, 433 (434).

Numerous certificates granted under sec. 206 (a) to carriers of such commodi-
ties as oil-field equipment and household goods have included points from or to
which no shipments had moved, because of the character of the service and the
nature and uses of the commodities. For while carriers of such goods may be
willing and ready to transport between all points in a given area, the demand
for single or repeated service at each point is irregular and occasional. L. C.
Jones Trucking Co. Common Carrier Application, 740 (743).

(SCOPE); and Operating Characteristics under this heading.

Common-carrier certificate authorizing a farm-to-market and market-to-farm
service excluded transportation of coal, not a part thereof, but included agricul-
tural limestone and feed, in addition to fertilizer, which, with livestock and agri-
cultural commodities, would give applicant a type of operation suitable and
appropriate to transportation needs to be met. Abernathy Common Carrier
Application, 262 (263).

Certificate issued under sec. 206 (a) for common carriage of commodities in
truckload quantities, from one consignor to one consignee, conducted independ-
ently from applicant's "grandfather" operation as common carrier of general
commodities, was restricted to specific commodities, as proof of past operations
did not warrant authority for carriage of general commodities in that service.
Jersey Coast Transfer Co., Inc., Common Carrier Application, 780 (782–783).

In the following cases, the authority granted with respect to commodities was
less than that sought in the application: Demelle Common Carrier Application,
402 (403); Grady Common Carrier Application, 511; Lenker Contract Carrier
Application, 665; Siler Common Carrier Application, 719.
COMMON CARRIERS. See also particular duties or functions by name.


Definition: Although applicant's transportation and distribution of explosives
from manufacturer's magazines to farms, construction projects, quarries, mines,
etc., were performed chiefly for the manufacturer and distributor of explosives,
his transportation was conducted for the general public and he was a common
carrier. Crawmer Contract Carrier Application, 13 (14).

Contract carriers who interchange property with common carriers under joint
rates are themselves common carriers. J. & J. Refrigerator Service Extension-
Hobbs, 97 (98).

When applicant, a warehouse and distributing company, actually participated
in physical transportation of a door-to-door interstate or foreign shipment, even
though performing only pick-up or delivery service, its status is that of a carrier,
and, as to the particular transaction, that of a connecting carrier. Hibbitt
Broker Application, 503 (504).

Dual Operation: See DUAL OPERATION.

Initiation of Rates: Proposed new and reduced rates and minima were
suspended and proposed minima found unlawful. Minimum Weights of Coffman
Bros., 619.

Before common carriers can initiate rates in the exercise of sound managerial
discretion, they must have records and data to show whether the proposed rates
are compensatory: Iron and Steel Articles and Sugar over B. & B. Transp. Co.,
651; Wire Cloth from York, Pa., to Suffolk, Va., 397.

Operation Without Authority: See OPERATION (WITHOUT AUTHORITY).

Private Combined with Common Carriage: Although applicant was a
private carrier of coal from Tuscarora, Pa., to Barre, Websterville, and Granite-
ville, Vt., it was granted a certificate as common carrier of granite, rough and
finished, such as monuments and markers, from certain Vermont points, including
Barre, to certain Pennsylvania points when applicant had been transporting
granite over these routes since prior to effective date of the act. Murphy Trans-
fer Co. Common Carrier Application, 361 (362–363).

Although applicant was a private carrier of potatoes from Maine points in
vicinity of Bangor to stores in Boston and Lowell, Mass., and Nashua, N. H., he
was found entitled to a certificate under the "grandfather" clause as common
carrier of malt beverages and automobile parts and accessories from Lowell to
points in certain sections of Maine and New Hampshire, and of carbonated bever-
ages from Chelmsford, Mass., to Bangor and Waterville, Maine, returning with
empty beverage containers, by reason of bona fide operation on, and continuously
since, June 1, 1935. Coast Line Exp., Inc., Contract Carrier Application, 427

Although applicant was a private carrier of butter and eggs from his own
farms at Montgomery, Mich., to Toledo, Fremont, Sandusky, Lorain, and Cleve-
and, Ohio, he was granted a certificate as a common carrier of butter and eggs
rom other farms within a 20-mile radius of Montgomery to same destination
points, returning from Toledo with fertilizer for Montgomery and new furniture,
crated, for Camden, within the 20-mile radius of Montgomery, and salt from
Rittman, Ohio, to Michigan points, when such service was required by public
convenience and necessity. Jenkins Common Carrier Application, 797 (800).

Qualifications: Performance of unlawful operations by an applicant must be
considered in determining his fitness to operate. Bagley Common Carrier Appli-
cation, 229 (231).

An applicant's attitude with respect to observance of established law is an
important element in the determination of its fitness to conduct transportation
service. Sprout & Davis, Inc., Contract Carrier Application, 677 (679).

Although applicant had been denied State authority to conduct common-
carrier service between Baltimore and Hagerstown, Md., over intrastate route,
and had been convicted by State court of illegal operation over such route, he
was entitled to certificate under the “grandfather" clause covering operations
over interstate routes between those points when his past operations over such
routes had been openly conducted, without any attempt to conceal their nature
from the various State authorities. Such operations were bona fide within the
meaning of the act. Charlton Bros. Transp. Co., Inc., Common Carrier Applica-
tion, 722 (724).

Unauthorized operation, conducted without knowledge of its unlawful character,
was not alone sufficient to preclude the issuance of a certificate when applicant
had not knowingly or wilfully violated the act and evidence warranted the con-
clusion that he was fit, willing, and able to conduct common-carrier operation:
Boone Common Carrier Application, 457 (458); Brown Extension of Operations,
469 (470); Keller Common Carrier Application, 589 (590); Lehmann Common
Carrier Application, 460 (461); National Transp. Co., Inc., Extension of Opera-
tion-Philadelphia, 439 (440); Seavey Common Carrier Application, 449 (450);
Strong Common Carrier Application, 571 (572).

For list of applicants found “Fit, willing, and able" See CONVENIENCE AND
NECESSITY (APPLICATIONS (list of applications granted)).
Schedules: See SCHEDULES.
Tests to Determine Status: See DEFINITION under this heading.


Convenience and necessity did not require extension of common carrier passen-
ger operation between New Orleans, La., and Natchez, Miss., to enable applicant
to connect with other carriers of the National Trailways System at Natchez.
While there was a public demand and need for proper accommodation of through
traffic between the points, existing lines would provide connections at Natchez
and were willing to establish any schedules necessary for such connections. More-
over, the Commission under sec. 204 (a) (1) could require reasonable connecting
schedules and interchange arrangements for continuous and adequate service.
Missouri Pac. Transp. Co. Extension-Natchez-New Orleans, 712 (714).

Before common carriers can initiate rates in the exercise of sound managerial
discretion, they must have records and data to show whether the proposed rates
are compensatory: Iron and Steel Articles and Sugar over B. & B. Transp. Co.,
651; Wire Cloth from York, Pa., to Suffolk, Va., 397.

In General: Within reasonable bounds, competition in transportation is in
public interest. However, one of the most important present duties of public
regulation is to bring transportation competition under proper control. Missouri
Pac. Transp. Co. Extension-Natchez-New Orleans, 712 (717).

Commercial: Operation as contract carrier of road machinery, culverts, and
iron products from Northfield, St. Paul, and Minneapolis, Minn., to points in
several Wisconsin counties, to enable contract-shipper to meet competition of
other manufacturers, authorized when such service would replace private carriage
and not detract from the business of carriers for-hire serving the territory.
Wallace Common Carrier Application, 451 (452).

Irregular vs. Regular-Route Carriers: Common carriers which are expected
to maintain regular service for the movement of freight, in whatever quantities
offered, to and from all points on specified routes, cannot operate economically
and efficiently if other carriers are permitted to invade such routes, in irregular-
route service, for the sole purpose of handling the cream of the traffic. Powell
Bros. Truck Lines, Inc., Common Carrier Application, 785 (792).


Private Carriers: In the following cases, applications for certificates or
permits by private carriers were denied as not being consistent with the public
interest: Bales Common Carrier Application, 709; Moore Common Carrier
Application, 339; Norton Contract Carrier Application, 125.


Operation as contract carrier of packing-house products from pool cars at Pine-
ville, Ky., over irregular routes to retail stores and coal-mining commissaries at
Virginia and Kentucky points within a 50-mile radius of Harlan, Ky., without
return loading for-hire, authorized. Olive Transfer Co. Extension of Operations,
333 (334).

When applicant for broker's license charged shippers for rail transportation of
household goods and office equipment at rates between lower carload and higher
1. c. I. rail rates, applicant obtained benefit of carload rates by consolidating ship-
ments and shipper saved difference between applicant's charges and higher
1. c. I. rates. Applicant's relation to railroads was that of a shipper, as rail car-
riers did not participate in applicant's tariffs. Portland Van & Storage Co.
Broker Application, 731 (732).

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