No. MC-50022 (SUB-No. 1) J & J REFRIGERATOR SERVICE EXTENSION OF Decided July 15, 1938 Operation by applicants as a contract carrier by motor vehicle, of meats and packing-house and dairy products, from Canyon, Tex., to Hobbs, N. Mex., serving certain intermediate points, over a specified route, found consistent with the public interest and with the policy declared in section 202 (a) of the Motor Carrier Act, 1935. Permit granted, and application denied in all other respects. Othor Johnson for applicants. 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. 33, 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. 33, COMPOSED OF ROBERT VALDEZ OF NEW MEXICO AND C. V. TERRELL OF TEXAS By application filed October 29, 1937, as amended, Othor Johnson and L. S. Jackson, of Oklahoma City, Okla., a Copartnership, doing business as J & J Refrigerator Service, seek a permit authorizing operations as a contract carrier by motor vehicle, of fresh meats and packing-house products, in interstate or foreign commerce, between Canyon, Tex., and Carlsbad, N. Mex., serving Clovis, Roswell, Carlsbad, and Hobbs, N. Mex., over the following routes: U. S. Highway 60 to Clovis, N. Mex.; thence over U. S. Highway 70 to Roswell, N. Mex.; thence over U. S. Highway 285 to Carlsbad, and return over U. S. Highway 62 and New Mexico Highway 16 to the New Mexico-Texas State line; thence over Texas Highway 15 to Seminole, Tex.; thence over Texas Highway 51 to Brownfield, Tex.; thence over Texas Highway 137 to Lubbock, Tex.; and thence over U. S. Highway 87 to Canyon. 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 joint board No. 33 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. Applicants operate as a contract carrier by motor vehicle for Armour & Company, transporting meats and packing-house and dairy products from Oklahoma City to Plainview and Lubbock, Tex., over U. S. Highway 66 to Amarillo, Tex., thence over U. S. Highway 87, under appropriate authority granted by the Commission in J & J Refrigerator Service Contr. Car. Application, 4 M. C. C. 719, decided April 11, 1938. The proposed operation is an extension of this route and will also be under contract with Armour & Company. The commodities to be transported will all originate at Oklahoma City, and any authority granted herein should be so restricted. Although authority is requested to transport between Canyon and Carlsbad, it appears that the operation will be from Canyon to Hobbs, serving Clovis, Roswell, and Carlsbad. As a general rule carriers may serve the points named as termini. Service must be authorized to Canyon, however, for the reason that it is not, strictly speaking, one of the termini, as all traffic will originate at Oklahoma City. Merchants at the points proposed to be served do not require full truckloads and there are no common carriers by motor vehicle serving this territory with refrigerator trucks. The proposed service will permit the merchants to carry a smaller and fresher supply of meat. Applicants own two late-model refrigerator trucks which are specially equipped for this service, and are financially and otherwise fit to carry on the proposed operation. The application states that applicants propose to interchange property at Clovis under a "division" of rates. It is appropriate, therefore, to remark that contract carriers who interchange property with common carriers under joint rates are themselves common carriers. Compare Nelson Extension of Operations, 1 M. C. C. 285, 290. The authority granted herein is for operation as a contract carrier only. The joint board finds that the proposed operation by applicants as a contract carrier by motor vehicle, of meats and packing-house and dairy products from Canyon to Hobbs, over the route described herein, serving Canyon, Clovis, Roswell, and Carlsbad, restricted to traffic originating at Oklahoma City, will be consistent with the public interest and with the policy declared in section 202 (a) of the act; that applicants are 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, upon compliance by applicants with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628, an appropriate permit should be granted. It is recommended that the appended order be entered. No. MC-12094 HUGO H. SWANBERG BROKER APPLICATION Decided July 16, 1938 Applicant found to have failed to establish that he is entitled to a license to conduct brokerage operations, or that the granting of the license sought would be consistent with the public interest and with the policy declared in section 202 (a) of the act. Application denied. Hugo H. Swanberg for himself. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 21, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 172, 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. 172, COMPOSED OF ALVIN KURTZ OF OREGON By application filed March 5, 1938, Hugo H. Swanberg, of Portland, Oreg., seeks a license authorizing him to engage as a broker in arranging transportation for persons in interstate or foreign commerce. 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 joint board No. 172 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935. No protest against the granting of the application has been filed. It appears that applicant proposes to operate a travel bureau in the city of Portland and through such bureau to arrange for tours, vacation trips, and sightseeing trips, in addition to making other special transportation arrangements, including the sale of tickets for highway, water, rail, and air carriers. Portland, a city of about 300,000 population, is adequately served with all modes of transportation. Moreover, carriers either maintain their own conveniently located ticket offices and necessary facilities, or have made suitable arrangements with other carriers providing for the sale of tickets. Anyone desiring to travel may procure helpful information and aid. Accordingly, any transportation need of the public is met in a complete and satisfactory manner. Applicant has not produced evidence to indicate that the public would be benefited by the granting of the application or given any compelling reason why the license should be issued. It would therefore serve no public purpose to grant the instant application. The board finds that applicant has failed to show that the issuance of the license sought would be consistent with the public interest and policy declared in section 202 (a) of the act; and, consequently, that the application should be denied. It is recommended that the appended order be entered. 9 M. C. C. No. MC-3677 (SUB-No. 1) WASHINGTON, MARLBORO & ANNAPOLIS MOTOR LINES, INCORPORATED, EXTENSION-BEVERLEY BEACH Decided July 18, 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, over a specified route, between Drury, Md., and Beverley Beach, Md. Certificate granted. L. L. Altmann for applicant. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS BY DIVISION 5: On June 28, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 112, 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. 112, COMPOSED OF HAROLD E. WEST OF MARYLAND By application filed April 19, 1938, Washington, Marlboro & Annapolis Motor Lines, Incorporated, of Washington, D. C., doing business as W. M. & A. Motor Lines, Incorporated, seeks a certificate of public convenience and necessity authorizing extension of operations, 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 Drury, Md., and Beverley Beach, Md., over the following route: From Drury over Maryland Highway 4 to Mount Zion, Md., thence over Maryland Highway 2 to the junction with Mayo Road, thence over Mayo Road to Beverley Beach, and return over the same route, serving all intermediate points. 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 joint board No. 112 for appropriate |