We are not convinced that the proposed rate, which is at least 75 percent of the maximum reasonable rates the Commission prescribed for rail transportation, is unreasonably low.

We find that the suspended schedules are not unreasonable or otherwise unlawful. An order will be entered vacating the order of suspension and discontinuing this proceeding.

COMMISSIONER ALLDREDGE dissents.

No. MC-15945

WILL C. BRINGWALD COMMON CARRIER APPLICATION

Submitted June 12, 1939. Decided March 26, 1941

Applicant found entitled to continue operation as a common carrier by motor vehicle, of general commodities with certain exceptions, between specified points in Indiana, on the one hand, and certain points in Illinois, Kentucky, Missouri, and Ohio, on the other; of fresh fruits and vegetables between points in defined territory in Indiana, Illinois, and Kentucky, on the one hand, and specified points in Illinois, Kentucky, Missouri, and Ohio, on the other; of carnival equipment and supplies between points in Indiana and Illinois; and of household goods as defined in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467, between certain points in Indiana, on the one hand, and specified points in Illinois, Kentucky, Missouri, and Ohio, on the other, in truckload quantities, over irregular routes, by reason of having been engaged in such operations on June 1, 1935, and continuously since. Issuance of a certificate approved upon compliance by applicant with certain conditions. Application denied in all other respects.

W. L. Jordan and L. C. Loughry for applicant.

Eugene L. Behmer, Ferdinand Born, John F. Connors, Jack Goodman, O. R. Livinghouse, David Axelrod, and W. Wallace Wilhite 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 applicant, and rail protestants replied. Our conclusions differ somewhat from those recommended.

By application filed February 11, 1936,1 as amended, Will C. Bringwald, of Vincennes, Ind., doing business as Bringwald Transfer

Inder the "grandfather" clause of section 206 (a) of the Interstate Commerce Act.

Company, seeks a certificate of public convenience and necessity authorizing continuance of operations in interstate or foreign commerce as a common carrier by motor vehicle of general commodities, between points in Indiana, Illinois, Kentucky, Missouri, and Ohio, over irregular routes. Certain rail and motor carriers operating within the territory oppose the application.

Applicant has operated as a motor carrier with Vincennes as his base terminal since 1918. On June 1, 1935, his equipment consisted of four tractors and four semitrailers, and at the time of the hearing in January 1939, he owned and operated six units of a similar type. Applicant was authorized, subsequent to June 1, 1935, to conduct interstate operations as a contract carrier by the Public Service Commission of Indiana and as a common carrier by the Public Utilities Commission of Ohio. He has no certificates or permits from Illinois, Missouri, or Kentucky. On June 1, 1935, no such authority was required for operations in Illinois. He is authorized to serve certain border points in Kentucky by the payment of a yearly fee to that State.

Prior to June 1, 1935, applicant did not maintain accurate or permanent records of all shipments transported. Certain of those which he did maintain have been destroyed. An abstract of movements handled from 1929 through 1935, numerous shipping papers dated from 1933 through 1936, and a list of cash receipts compiled from original books of entry from January 1, 1934, to June 1935 were submitted in evidence.

Approximately one-half of applicant's interstate transportation service has been performed for paper manufacturers located at Vincennes, Evansville, and Terre Haute, Ind. The company at Evansville has used applicant's services for approximately 20 percent of its out-bound movements of paper. This traffic, which consists of paper and corrugated-paper products, has been transported by applicant continuously since prior to the statutory date from the factories in Vincennes, Evansville, and Terre Haute to St. Louis, Mo., Cincinnati, Ohio, and various points in Illinois. Occasional shipments have been transported from the same points to Dayton and Columbus, Ohio, but such transportation has not been continuous. In-bound shipments of paper stock and scrap paper have been transported by applicant to Vincennes from Cincinnati and Chicago, Mount Carmel, and Quincy, Ill., since prior to June 1, 1935.

Much of the other transportation service performed by applicant since prior to June 1, 1935, has consisted of petroleum and petroleum products, in containers, from East St. Louis, Robinson, and Wood River, Ill., to Bedford, Evansville, New Albany, Princeton, Shoals, Sullivan, and Vincennes, Ind.; roofing and roofing materials from

Chicago and Chicago Heights, Ill., to Vincennes; wood packing boxes and containers from Jasper and Vincennes, Ind., to points in Illinois on and south of U. S. Highway 36; agricultural implements and farm machinery from Canton, Chicago, and Rock Island, Ill., to Vincennes; baskets and hampers from Evansville and Vincennes to Henderson, Ky., St. Louis, Mo., and Chicago, Peoria, and points in Illinois on and south of U. S. Highway 36; carnival equipment and supplies between points in Indiana and Illinois; coal from Harrisburg, Ill., to Vincennes; construction steel from Vincennes to points in Illinois on and south of U. S. Highway 36; fresh fruits and vegetables from Vincennes and points within 60 miles thereof to Louisville, Ky., St. Louis, and points in Illinois and those in Ohio on and south of a line made by U. S. Highway 40 and Ohio Highway 3; glass from Vincennes to Peoria; household goods, as defined in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467, between points in Knox County, Ind., on the one hand, and St. Louis, Henderson, and Louisville and points in Illinois and Ohio, on the other; machinery between Vincennes, on the one hand, and St. Louis, Henderson, Louisville, and numerous points in eastern Illinois, on the other; monuments and markers from Vincennes to points in Illinois on and south of U. S. Highway 36; and hardware, glass, paints, and related articles from Vincennes to points in Illinois within 125 miles of Vincennes. These are representative shipments. A considerable number of other commodities have been transported from and to the same and other points in this general origin and destination territory. With respect to the transportation of household goods, applicant testified that he did not hold himself out to serve points in Missouri other than St. Louis, or points in Kentucky other than Henderson and Louisville.

Summarized, the evidence shows that applicant has transported a large number of different commodities between several points in southwestern Indiana, on the one hand, and points in Illinois and St. Louis, Henderson, Louisville, and Cincinnati, on the other. In our opinion, a sufficient variety of commodities has been transported in this service to warrant authorization for the transportation of general commodities, with certain exceptions, between these points. Applicant has also transported household goods, carnival supplies and equipment, and fresh fruit and vegetables, as set forth in the findings hereinafter made, between other points. Authority to continue the transportation of these special commodities within the respective territories is also justified by the evidence.

Applicant stated that he handled shipments in truckload quantities only, or the equivalent thereof, and there are numerous shipments, listed in the documentary proof, weighing considerably less than

the prescribed minimum. Accordingly, we will limit applicant's authority to the transportation of truckload shipments.

We find 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 in interstate or foreign commerce (1) of general commodities except articles of unusual value, livestock, commodities contaminating or injurious to other lading, those requiring special equipment, commodities in bulk, and household goods as described in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467, between Vincennes, Evansville, Bedford, New Albany, Princeton, Shoals, Sullivan, Jasper, and Terre Haute, on the one hand, and Henderson and Louisville, Ky., St. Louis, Mo., and Cincinnati, Ohio, and points in Illinois, on the other, (2) fresh fruits and vegetables from Vincennes, Ind., and points within 60 miles thereof, to Louisville, Ky., St. Louis, Mo., points in Illinois, and points in Ohio on and south of U. S. Highway 40 from the IndianaOhio State line to Columbus, and on and west of Ohio Highway 3 from Columbus to Cincinnati, (3) carnival equipment and supplies between points in Indiana and Illinois, and (4) household goods as defined in Practices of Motor Common Carriers of Household Goods, supra, between points in Knox County, Ind., on the one hand, and St. Louis, Mo., Henderson and Louisville, Ky., and points in Illinois and Ohio, on the other, in truckload quantities over irregular routes; that he is entitled to a certificate authorizing the continuance of such operations; and that the application should be denied in all other respects.

Upon compliance by applicant with the requirements of sections 215 and 217 of the Interstate Commerce 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 granted herein.

28 M. C. C.

No. MC-C-981

DAIRY PRODUCTS IN THE NORTHWEST

Submitted October 29, 1940. Decided March 26, 1941

1. Rates of respondent motor carriers on dairy products from points in North Dakota, South Dakota, and Minnesota to Duluth, St. Paul, and Minneapolis, Minn., Superior and Milwaukee, Wis., and Chicago, Ill., intended for application on traffic moving in interstate commerce beyond the points named, which are lower than the interstate rates of respondents on these products in like units of shipment from the same origins to the points named, or which apply on shipments of these products to the points named which are intended for movement beyond such points by rail or water carrier in larger units of shipment, found unlawful and ordered canceled.

2. All other rates on dairy products, in issue in these proceedings, except lessthan-truckload rates, from North Dakota, South Dakota, and Minnesota points to Duluth, St. Paul, Minneapolis, Superior, Milwaukee, and Chicago found unreasonably low to the extent that such rates apply in connection with minimum weights less than 20,000 pounds. A minimum weight of 20,000 pounds prescribed for the future.

3. Interstate rates on dairy products, other than less-than-truckload rates, from origins in North Dakota and Minnesota to Duluth, maintained during the season of navigation upon the Great Lakes, found unreasonable to the extent that such rates exceed those maintained from the same origins to Duluth during the remainder of the year.

4. Rates on dairy products to Duluth from origins in North Dakota and Minnesota equidistant from Duluth and St. Paul and Minneapolis or less distant to Duluth than to St. Paul and Minneapolis found unreasonable to the extent that they exceed rates to the latter two cities.

5. In Investigation and Suspension Docket No. M-452, proposed rates on dairy products, in truckloads, from points in North Dakota and Minnesota to Duluth found unreasonably low. Reasonable minimum rates prescribed for the future.

6. In Investigation and Suspension Docket No. M-660, proposed rates and minimum weights on dairy products from points in Minnesota to Chicago and Milwaukee found unreasonably low, and suspended schedules ordered canceled.

7. In Investigation and Suspension Docket No. M-987, proposed rates on dairy products from Madison, S. Dak., to Chicago, found unreasonable, and suspended schedules ordered canceled.

1 This report also embraces Investigation and Suspension Docket No. M-452, Dairy Products from Minnesota and North Dakota to Illinois, Minnesota, and Wisconsin; Investigation and Suspension Docket No. M-660, Dairy Products from Minnesota to Chicago, Ill.; Investigation and Suspension Docket No. M-987, Dairy Products from Madison, S. Dak., to Chicago, Ill.; and Investigation and Suspension Docket No. M-1017, Dairy Products from Dickinson and Mandan, N. Dak., to Twin Cities.