No. MC-94201 (SUB-No. 1)

RALPH M. BOWMAN EXTENSION OF OPERATIONSSTEEL ARTICLES

Submitted October 24, 1940. Decided March 12, 1941

Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle of cast-iron pipe and fittings, steel wire and bars, and meshed wire for reinforcement, from Anniston, Attalla, and Gadsden, Ala., to points in Tennessee, Georgia, Mississippi, and Florida, over irregular routes. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application denied in all other respects.

N. B. Hargraves and John R. Robinson for applicant.

Allan Watkins, D. H. Bagley, William C. Burger, Joe S. Thompson, Sol Schauer, James B. Smiley, and Frank M. Taylor for protestants. REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON

BY DIVISION 5:

Exceptions to the order recommended by the examiner were filed by protestants.

By application filed February 26, 1940, as amended, Ralph M. Bowman, doing business as Bowman Transportation Company, of Attalla, Ala., seeks a certificate of public convenience and necessity authorizing an extension of operations, in interstate or foreign commerce, as a common carrier by motor vehicle of cast-iron pipe and fittings, steel bars, steel wire, and meshed wire for reinforcement between Attalla, Ala., and points within 50 miles thereof, on the one hand, and, on the other, points in Alabama, Georgia, Mississippi, Tennessee, Kentucky, Florida, North Carolina, and South Carolina, over irregular routes. Rail carriers in southern territory and several motor carriers oppose the application.

In Bowman Common Carrier Application, 16 M. C. C. 54, applicant was granted a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, over irregular routes, of cotton between points in Alabama, Georgia, Mississippi, and Tennessee and of fertilizer from Atlanta and Baxley, Ga., and Nashville, Tenn., to certain points in Alabama. These operations are of a seasonal nature, being conducted in the fall and winter of each year, and applicant's equipment is idle during the remainder of the year.

Of 11 trucks owned by applicant, 5 are being operated under lease arrangements with Deaton Truck Lines, Inc., a protestant motor carrier. The lease may be canceled on 3 days' notice in the event applicant needs such equipment in the conduct of the proposed service.

Applicant proposes to obtain business from about nine manufac turing plants located in a 50-mile area of Attalla, particularly for the Truscon Steel Company, the Alabama Pipe Company, and the Wallworth Pipe Company. The Truscon Steel Company operates a plant at Gadsden, Ala., for the manufacture of wire and steel bars. About 25 percent of this company's traffic is carried by truck at the request of its customers, and about five motor carriers are now used. Of these five motor carriers, however, two are used with greater frequency owing to the necessity of having equipment capable of moving steel bars up to 60 feet in length. Since about 90 percent of the truck movements involve steel bars over 22 feet in length, the shipper is in need of a sufficient amount of special equipment suitable for such transportation. Applicant has such equipment available and is able to satisfy the shipper's requirements.

Although Deaton Truck Lines, Inc., attempts to furnish equipment within a few hours after a call has been made to its office in Birmingham, it frequently does not have equipment readily available at the time needed by the shipper. Other motor carriers serving the Truscon Steel Company either do not have trucks capable of carrying steel bars up to 60 feet in length or, if they do possess a limited amount of such equipment, are generally 24 hours late, on an average, for pick-ups. The shipper's customers have complained of the lack of prompt deliveries, and sufficient traffic is apparently available to justify the existence of another motor carrier.

The Alabama Pipe Company operates plants at Gadsden, Anniston, and Talladega, Ala., for the manufacture of cast-iron pipe, and competes with manufacturers located in the Birmingham area, about 60 miles away, both as to price and service. Talladega is more than 50 road miles from Attalla and cannot conveniently be served by applicant. This shipper uses two motor carriers, Deaton Truck Lines, Inc., and Sullivan, Long & Hagerty, almost exclusively for its motor-carrier traffic, but it has been unable to obtain sufficient trucks from these carriers to satisfy its needs. It is necessary that this shipper contact these carriers by long-distance telephone either at Birmingham or Bessemer, and it must then await the arrival of equipment which, in some cases, has been a week late. This shipper uses motor-carrier service for about 10 percent of its movements.

The Wallworth Pipe Company is located at Attalla, which is applicant's headquarters. Attalla is adjacent to Gadsden, and the two places should be regarded as one locality for origin of shipments. Of three motor carriers having terminals in Gadsden, Gordon Transport Company, Inc., is shown to be able to furnish satisfactory service on steel bars under 22 feet in length. No testimony was submitted as to the ability of the other two motor carriers to handle the traffic of the Truscon Steel Company. Four protestant motor carriers, in addition to Gordon Transport Company, Inc., and Deaton Truck Lines, Inc., testified to the extent of their operations from Anniston and Gadsden. These carriers, however, are not able to handle steel bars over 30 feet in length and cannot, therefore, render a complete service.

The matters of record are convincing that only two motor carriers, Deaton Truck Lines, Inc., and Sullivan, Long & Hagerty, have been able to render the type of service essential to the needs of the shippers. These carriers, however, are located in Birmingham and Bessemer, Ala., over 60 miles by highway from the two origin points, and they have not been able to provide a sufficient amount of equipment at the time requested, apparently because of demands made upon them by manufacturers in the Birmingham industrial area. Under these circumstances, it does not appear that they will be deprived of an appreciable amount of traffic by virtue of applicant's proposed operations.

Although applicant proposes service to eight States in the southeastern part of the country, the shippers need applicant's services for the purpose of competing with Birmingham manufacturers whose distribution by motor vehicle is to the States of Tennessee, Mississippi, Georgia, and Florida. As explained above, the origin points for the operation should be limited to Anniston, Attalla, and Gadsden. We will therefore affirm the examiner's recommendation and authorize operation only from these three points to the four States adjacent to Alabama.

We find that the present and future public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of cast-iron pipe and fittings, steel wire and bars, and meshed wire for reinforcement, from Anniston, Attalla, and Gadsden, Ala., to points in Tennessee, Georgia, Mississippi, and Florida, over irregular routes; that applicant is fit, willing, and able properly to perform such service and to conform to the provisions of the Interstate Commerce Act and our rules and regulations thereunder; that an appropriate certificate should be

granted, and that in all other respects the application should be denied.

Upon compliance by applicant with the requirements of sections. 215 and 217 of the act, and our rules and regulations thereunder, an appropriate certificate will be issued. An order will be entered denying the application except to the extent indicated.

PATTERSON, Commissioner, dissenting:

Public convenience and necessity for the operation which the majority here approves, or any part of it, has not been shown.

The destination territory approved comprises four States. The only evidence in support of the application is that of two shipper witnesses. One, representing a manufacturer of steel reinforcing bars and wire mesh at Gadsden, mentioned in a general way movements to Kentucky and Tennessee but neither generally nor specifically movements to other States. The other, representing a manufacturer of cast-iron pipe at Gadsden, Anniston, and Talladega, mentioned four specific movements, one from Gadsden to Nashville, Tenn., one from Gadsden to Knoxville, Tenn., one to Pensacola, Fla., and one to New Orleans, La. The destinations of this company's shipments are not otherwise shown. No shipper at Attalla testified.

Numerous regular-route and irregular-route motor common carriers now operate in this territory. Many of them testified in opposition to this application. The record shows that they are able to and do render adequate service; that there is no public need for this additional service; and that its approval can only result in the diversion of traffic from existing carriers.

28 M. C. C.

1

No. MC-17481 1

ERNEST E. MOORE COMMON CARRIER APPLICATION

Submitted December 20, 1939. Decided March 13, 1941

1. Applicant found to have failed to establish that he was, on June 1, 1935, or July 1, 1935, and continuously since has been, in bona fide operation as a common or contract carrier by motor vehicle of any commodities or between any points whatsoever.

2 Operation by applicant as a broker found not consistent with the public interest and the national transportation policy.

3. Applications denied.

Thomas W. Walsh and Marshall F. Hurley for applicant.

Glenn W. Stephens, Perry R. Moore, Edward C. Mattimore, Earl F. Jackson, Franklin J. Van Osdel, Erwin Larson, Weldon A. Dayton, S. E. Gregory, George F. Dames, A. L. Janes, Philip Stringer, A. O. Bjorklund, F. J. Knaack, R. L. Hafer, F. D. McCarthy, J. E. Edell, R. J. Braun, C. W. Styer, John G. Ihnet, B. F. Moffatt, Henry A. Archambo, and T. E. Hawk for protestants.

John C. DeMar and Stephen Robinson for Iowa State Commerce Commission, and Beatrice Lampert for Public Service Commission of Wisconsin.

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE BY DIVISION 5:

Exceptions were filed by applicant to the order recommended by the examiner. Certain motor-carrier protestants replied, and the parties have been heard in oral argument.

By application, in No. MC-17481, filed February 12, 1936, as amended, under the "grandfather" provision of section 206 (a) or 209 (a) of the Interstate Commerce Act, Ernest E. Moore, of St. Paul, Minn., doing business as Moore Motor Freight Lines, seeks a certificate of public convenience and necessity, or a permit, authorizing continuance of operation as a common or contract carrier by motor vehicle, in interstate or foreign commerce, of general commodities, between Minneapolis and St. Paul, Minn., hereinafter termed the Twin

This report also embraces No. MC-19693, Ernest E. Moore Common Carrier Application; No. MC-21231, Ernest E. Moore Common Carrier Application; No. MC-24697, Ernest E. Moore Contract Carrier Application; and No. MC-80532, Ernest E. Moore Broker Application.