commodities, with certain exceptions, between Baltimore, Md., and Richmond, Va., and all intermediate points, over U. S. Highway 1, as well as off-route points within a radius of 10 miles of such route. In accordance with the provisions of the Motor Carrier Act, 1935, the applications were referred to joint board No. 68 for hearing and the recommendation of an appropriate order thereon. The applications were heard on a consolidated record and will be disposed of in one report. Trunk-line railroads opposed the granting of the applications but offered no affirmative testimony. Applicant began operations with two units of equipment in 1924 under the name of Universal Storage & Transfer Company, Incorporated, and upon failure of the corporation in 1932, conducted the operation as Capitol Motor Lines. The latter was incorporated in October 1936. Original operations were conducted between Baltimore and Cleveland and also between Baltimore and Richmond. Sometime thereafter, but prior to June 1, 1935, the entire operations of applicant were, and continuously since have been, conducted between Baltimore and Richmond, including all intermediate points, as well as various off-route points. On June 1, 1935, applicant owned four trucks, three tractors, and three semitrailers. On the date of hearing 27 units of equipment, not otherwise classified, were owned and operated. It is clear from oral and documentary evidence that applicant operated on June 1, 1935, and has operated continuously since, a regularly scheduled service between Baltimore and Washington and a nonscheduled service beyond, to and from Richmond. The bulk of the traffic is secured at the termini, Baltimore and Richmond. Connections are maintained with other carriers at these points, as well as at the intermediate point of Washington, on traffic to and from points beyond. The evidence is convincing that applicant has been in continuous operation as a common carrier of general commodities, in interstate or foreign commerce, since June 1, 1935. Applicant claims that it and its bona fide predecessors in interest have also operated since 1934 as a contract carrier of general commodities between the points hereinabove set forth and that 55 percent of the present volume of traffic is transported under contract with the National Carloading Corporation. Contract operations were originally in the nature of a transportation service from Washington to Richmond, performed under verbal agreement for Seaboard Freight Lines, a common carrier by motor vehicle. On and after June 1, 1935, These exceptions are: automobiles; articles of extraordinary value, such as bank bills, currency, precious metals, etc.; articles which may contaminate other freight; articles requiring special equipment; articles requiring refrigeration; bulk freight; explosives and other dangerous articles; fuel; furniture uncrated; household goods; and livestock. no agreement existed, but the service was performed by applicant as a common carrier receiving an agreed division of the joint through rates. The first indication of a contract between applicant and National Carloading Corporation is a letter, dated May 10, 1935, from that corporation to applicant relative to the minimum rate between Baltimore, on the one hand, and Fredericksburg and Richmond, on the other, and inquiring as to when sufficient equipment would be available to begin operations. The first shipment of record moved under this contract on July 26, 1935. Applicant bases its "grandfather" rights as a contract carrier on the verbal agreements existing prior to July 1, 1935, with Seaboard Freight Lines and on the fact that the written contract with National Carloading Corporation was executed prior to that date. It is adduced from the record that no shipments move from and to points both of which are served by applicant as a common carrier; that is to say, commodities transported for the National Carloading Corporation either originate at or are destined to points beyond the scope of applicant's common carrier operations. The route over which applicant operates as a contract carrier, however, includes that over which its operations are conducted as a common carrier. If applicant be authorized to continue operations in the former capacity, shippers of general commodities with whom applicant now has special contracts, or with whom applicant may in the future enter similar contracts, will pay contract rates and other shippers of like commodities will pay applicant's common carrier rates. This might result in discrimination. We are of the opinion, therefore, that the grant of dual authority to transport general commodities over the same routes would not be consistent with the public interest and with the policy declared in section 202 (a). The authority which we shall recommend will not include operations as a contract carrier. The joint board finds that applicant was on June 1, 1935, and continuously since that time has been, in bona fide operation as a common carrier by motor vehicle, of general commodities except as hereinbefore noted, in interstate or foreign commerce, between Baltimore and Richmond over U. S. Highway 1, serving all intermediate points, as well as off-route points within a radius of 10 miles of such route, and is entitled to a certificate authorizing continuance of such operation. The joint board further finds that applicant's operation as a contract carrier is not consistent with the public interest and with the policy declared in section 202 (a) of the act; and that the application in No. MC-10299 should be denied. It is recommended that the appended order be entered. No. MC-35670 (SUB-No. 1) INTERSTATE PASSENGER SERVICE, INCORPORATED, EXTENSION-ROCHESTER-WOLFEBORO Decided July 15, 1938 Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, of passengers and their baggage, and of express, mail, and newspapers in the same vehicle with passengers, in interstate or foreign commerce, over a specified route, between Rochester and Wolfeboro, N. H. Certificate granted. Lee D. Whitney for applicant. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 25, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 186, 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. 186, COMPOSED OF WINSLOW E. MELVIN OF NEW HAMPSHIRE By application filed March 12, 1938, Interstate Passenger Service, Incorporated, of Dover, N. H., doing business as Interstate Lines, seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, of passengers and their baggage and of express, mail, and newspapers in the same vehicle with passengers, in interstate or foreign commerce, between Rochester and Wolfeboro, N. H., over New Hampshire Highways 16 and 28 and an unnumbered road, serving the intermediate points of North Rochester, Milton, Union, Sanbornville, Brookfield, Wolfeboro Center, and Wolfeboro Falls, N. H., and the off-route point of Milton Mills, N. H. There was no opposition to the granting of the application. It appearing, upon investigation of the matters involved in this application, that no hearing in respect thereof might be necessary, the application was referred to joint board No. 186 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. Applicant now operates as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage and of express, and newspapers in the same vehicle with passengers between Boston, Mass., and Wolfeboro, N. H.1 The extension sought by applicant is necessary in order that persons in the territory under consideration may have adequate transportation service. Present facilities are inadequate and have resulted in much inconvenience to the people in the communities affected. The additional service proposed by applicant will fill an existing need as manifested by the requests for such service, and has been authorized by the New Hampshire Public Service Commission on an intrastate basis through its order 3458, dated April 15, 1938. Accordingly, applicant's operations would be in the public interest. The operation will be over New Hampshire Highway 16 from Rochester to Sanbornville, thence over an unnumbered State-aid road to Wolfeboro Center, and thence over New Hampshire Highway 28 to Wolfeboro. The Boston & Maine Railroad formerly operated passenger-train service between Wolfeboro and Sanbornville, but this has been discontinued. The proposed service will provide transportation between Sanbornville and Wolfeboro for persons who desire to travel by train to or from Sanbornville. The off-route point of Milton Mills also will be served by the extension. Applicant now operates between Rochester and Wolfeboro over New Hampshire Highways 11 and 28 via Alton, N. H. It does not appear that there is any service over the proposed route. Applicant has ample equipment and appears to be financially and otherwise able to conduct the proposed operation in an efficient manner. The joint board finds that 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 Rochester and Wolfeboro, over the route hereinabove described, serving the intermediate and off-route points of North Rochester, Milton, Union, Sanbornville, Brookfield, Wolfeboro Center, Wolfeboro Falls, and Milton Mills; that applicant is fit, willing, and able properly to perform the proposed 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. It is recommended that the appended order be entered. 1 Applicant filed an application under the "grandfather" clause of section 206 (a) of the Motor Carrier Act, 1935, and received authority for such operations in the Commission's order of October 14, 1937. No. MC-43170 WILLIAM BARHITE COMMON CARRIER APPLICATION Decided July 15, 1938 Applicant found entitled to continue operation as a common carrier by motor vehicle, of general commodities, between points in New York, when moving via New York State Barge Canal; of fresh fruits and vegetables (including the return of empty containers), from points in Orleans County, N. Y., to points in District of Columbia, Maryland, Massachusetts, and Pennsylvania; and of furnace pipe, from Medina, N. Y., to Erie and Pittsburgh, Pa.; by reason of having been engaged in such operation on June 1, 1935, and continuously since that time. Certificate granted, and in all other respects application denied. Ralph W. Simson for applicant. Charles A. Halpin for protestants. 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 the examiner, 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 THE EXAMINER By application1 filed February 11, 1936, William Barhite, of Medina, N. Y., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of general commodities, between points in Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, and District of Columbia, over irregular routes. In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to the examiner for hearing and recommendation of an appropriate order thereon. Hearing has been held. 1 1 Under the "grandfather" clause of section 206 (a) of the Motor Carrier Act, 1935. |