Mo., and various other points within 10 miles of St. Louis. Truckload freight was also handled to and from Alton, East Alton, and Belleville, Ill. Near Kansas City, service was provided to Sugar Creek, Centropolis, Leeds, North Kansas City, and Sheffield, Mo., Kansas City, Kans., and other points within a radius of 10 miles of the city limits of Kansas City, Mo. Suburbs and points within 5 miles of Springfield, Joplin, Tulsa, and Oklahoma City, respectively, were also served prior to and since June 1, 1935, in connection with the regular-route operations. The record supports applicant's contention that it should be permitted to continue to serve points within these terminal areas.

In connection with its regular-route operations, applicant contends on exceptions that it should be authorized to continue to serve Sand Springs and Hockerville, Okla., and Radley and Chicopee, Kans, The evidence adequately supports applicant's contention that these points were served prior to and since June 1, 1935.

Although the application fails to include a regular route between the junction of U. S. Highways 71 and 160 over U. S. Highway 160 through Mindenmines to Frontenac, Kans., and thence over U. S. Highway 69 to Pittsburg, Kans., it was testified in behalf of applicant that regular-route operations have been conducted over this route to Pittsburg continuously since prior to June 1, 1935. Although the exhibits produced by applicant in support of its application tend to show that practically all shipments moving between Kansas City and Pittsburg moved through Joplin, it was explained that such shipments were also handled over U. S. Highways 160 and 69 through Mindenmines and Frontenac. This testimony is uncontradicted, and we are of the opinion that applicant is entitled to authority to operate over this route and to serve all intermediate points thereon.

In addition to the operations conducted over regular routes, applicant contends that it has been performing a flexible operation over irregular routes throughout Missouri, Kansas, and Oklahoma, and in Illinois within 150 miles of St. Louis, in the transportation both of general commodities and of commodities requiring specialized handling, such as explosives, household goods, and oil-field and mine machinery and supplies.

Applicant asserts that it was in bona fide operation in the transportation of general commodities in truckloads or pool truckloads throughout the irregular-route territory covered by its application. To prove its irregular-route operations, applicant submitted exhibits listing approximately 870 shipments transported by it during a 6-year period from 1932 to 1937, inclusive. A great majority of these shipments moved to or from points on applicant's regular routes. Approximately 105 of these shipments moved prior to 1934. Of the remaining

shipments, approximately 225 moved in 1934, 290 in 1935, 140 in 1936, and 110 during the first 8 months of 1937. The data may also be arranged to show approximately 515 shipments moving to or from points in Oklahoma, 100 to or from points in Kansas, 120 to or from points in Illinois, and 30 to or from points in Missouri.

Of the 515-odd shipments moving to or from approximately 45 widely scattered points in Oklahoma, none of which are on applicant's regular routes, approximately 505 moved to or from points in Missouri on applicant's regular routes or points in Illinois within its St. Louis terminal area, including Joplin, St. Louis, Springfield, Bourbon, Lebanon, Kansas City, Lamar, Nevada, Carthage, Marshfield, St. James, and Webb City, Mo., and Granite City and East St. Louis, Ill. These shipments consisted of a wide variety of commodities, including petroleum products in containers, asbestos wallboard, wire rope, formaldehyde, iron and steel articles, writing tablets, stucco, mineral wool, waterproofing compound, asbestos cement, caskets, paper shells, cartridges, oilcloth, rolled glass, chemicals, rags, soap powder, binder twine, hardware, litharge, stearic acid, alfalfa seed, beer, and pecans. Of the 120-odd shipments moving to or from points in Illinois, 65 moved between points on applicant's regular routes and points within its terminal area at St. Louis, and continuation of such service is authorized in connection with its regular-route operations. Of the remaining shipments, 6 consisted of household goods or mine and oil-field supplies, and 42 consisted of asbestos cement, mineral wool, and waterproofing compounds, which moved from Joplin to Wood River, Ill. These shipments from Joplin to Wood River did not move until after June 1, 1935, and applicant is not entitled to "grandfather" rights to continue such transporation.

Of the 100-odd shipments moving to or from points in Kansas, approximately 70 consisted of high explosives moving from Carl Junction and Joplin, Mo. Of the remaining shipments, approximately 10 consisted of household goods or mine and oil-field machinery and supplies.

We have frequently stated that authority to transport general commodities throughout a wide territory over irregular and unspecified routes pursuant to the "grandfather" clause of the act should be granted to a carrier only when such carrier's right thereto has been proved by substantial evidence. To do otherwise would create the very ills which regulation is designed to alleviate, namely, congestion of highways, destructive rate practices, and unbridled competition. Common carriers which are expected to maintain regular service for the movement of freight in whatever quantities offered to and from points on specified routes cannot operate economically and efficiently if other carriers are permitted to invade such routes for the purpose

of handling the cream of the traffic available thereon in so-called irregular-route service. We conclude that applicant's irregular-route service in connection with the transportation of general commodities has been confined largely between points in Oklahoma, on the one hand, and points on applicant's regular routes in Missouri and points in Illinois in the vicinity of St. Louis, on the other hand. Although the evidence shows other shipments moving to or from points in Missouri and Kansas, these shipments were handled sporadically or consisted of commodities which were transported before June 1, 1935, and not since, or which were not transported until after June 1, 1935, or which moved between points which were served prior to June 1, 1935, and not since or which were not served until after June 1, 1935.

In addition to the irregular-route operations described above, applicant also performs a specialized service in the transportation of high explosives, household goods, machinery, and mine and oil-field supplies. Three manufacturers of dynamite and high explosives have plants at Joplin. Applicant operates a truck especially designed and equipped for the transportation of high explosives, and he has drivers who are trained in the handling of these commodities. Shipments are usually consigned to mines or to highway or other construction projects. Because of the varied destinations and the fact that trucks carrying powder are required to detour around all cities and towns, it would not be practicable to authorize the transportation of these commodities over regular routes. The record shows that applicant transported these commodities from Joplin and points within 5 miles thereof to various points in Kansas and Oklahoma on and since June 1, 1935.

In the transportation of household goods, applicant employs men especially trained in packing and moving such goods and operates large padded moving vans. Applicant has conducted its operation in the transportation of household goods throughout a large territory, and submitted evidence of movements from Jacksonville, Ill., to Joplin; from Tulsa to Hillsboro, Ill.; from Wichita, Kans., to Springfield; from Webster City, Mo., to Marysville, Kans.; from Monett, Mo., to Miami, Okla.; from Miami to Salem, Mo.; from Marshall, Mo., to Ardmore, Okla.; from Springfield to Blackwell, Okla.; and from Joplin to Ponca City, Okla. These are said to be representative shipments. The transportation of household goods is an irregular-route service, and operation between particular points of origin and destination is repeated at infrequent intervals if at all. For the reasons discussed at some length in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467, we conclude that applicant should be authorized to transport "household goods" as that term is defined in rule 1 of the appendix to that report.

In the transportation of light and heavy mine and oil-field machinery, applicant uses open flat-bed trucks or trailers equipped with powerful winches for loading, unloading, and properly setting machinery. The drivers, who are ordinarily expected to supervise the loading and unloading operations, are skilled in the handling of heavy machinery, so that the danger of damage to equipment and cargo or injury to helpers is minimized. Although the exhibits are not entirely clear as to the scope of this operation, it was testified on applicant's behalf that it held itself out to transport mine and oil-field machinery and supplies throughout the irregular-route territory covered by the application, and that it actually conducted an operation which was consistent with such holding-out. This testimony is uncontradicted.

We find that applicant was on June 1, 1935, and continuously since has been, in bona fide operation, in interstate or foreign commerce, as a common carrier by motor vehicle, (a) of general commodities except those of unusual value and except liquid commodities in bulk, between specified points in Missouri, Illinois, Oklahoma, and Kansas, over the regular routes described in the attached appendix, serving all intermediate points and also off-route points within 10 miles of St. Louis and Kansas City, Mo., respectively, and within 5 miles of Springfield and Joplin, Mo., and Tulsa and Oklahoma City, Okla., respectively, and also serving Alton, East Alton, and Belleville, Ill., Grand View, Mo., Capaldo, Walnut, West Mineral, Carona, Radley, and Chicopee, Kans., and Welch, Sand Springs, and Hockerville, Okla., as off-route points; and, (b) over irregular routes, of (1) general commodities, with exceptions as specified above, between all points in Oklahoma, on the one hand, and, on the other hand, points on applicant's regular routes in Missouri and off-route points in Missouri and Illinois authorized in (a) above, (2) dangerous explosives from Joplin and points within 5 miles thereof to points in Kansas and Oklahoma, and (3) household goods as defined in Practices of Motor Common Carriers of Household Goods, supra, and mine and oil-field machinery and supplies, between all points in Missouri, Kansas, and Oklahoma, and also those in Illinois within 150 miles of St. Louis; that applicant is entitled to a certificate authorizing continuance of such operations; 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 by our findings herein.

APPENDIX

Regular routes authorized

Route 1, between Joplin and St. Louis, Mo.: From Joplin over Missouri Highway 14 to its junction with Alternate U. S. Highway 71, thence over Alternate U. S. Highway 71 to Carthage, Mo., thence over U. S. Highway 66 to Gray Summit, Mo., thence over U. S. Highway 50 to St. Louis; also from Joplin over U. S. Highway 66 to Carthage, and from Gray Summit over U. S. Highway 66 to St. Louis.

Route 2, between Joplin and Kansas City, Mo.: From Joplin over U. S. Highway 66 to Carthage, thence over U. S. Highway 71 through Belton, Mo., to Kansas City.

Route 3, between Joplin, Mo., and Oklahoma City, Okla., over U. S. Highway 66.

Route 4, between Joplin, Mo., and Tulsa, Okla.: From Joplin over U. S. Highway 66 to Vinita, Okla., thence over U. S. Highway 69 to Pryor, Okla., thence over Oklahoma Highway 20 to Claremore, Okla., thence over U. S. Highway 66 to Tulsa.

Route 5, between Joplin, Mo., and Miami, Okla.: From Joplin over U. S. Highway 66 to Baxter Springs, Kans., thence over U. S. Highway 166 to its junction with U. S. Highway 69, thence over U. S. Highway 69 to Miami. Alternate route: From Joplin over Missouri Highway 43 to Seneca, Mo., thence over U. S. Highway 60 to its junction with U. S. Highway 69, thence over U. S. Highway 69 to Miami.

Route 6, between Joplin, Mo., and Independence, Kans.: From Joplin over U. S. Highway 66 to Riverton, Kans., thence over Kansas Highway 96 to Independence. Alternate route: From Joplin over U. S. Highway 66 to Baxter Springs, thence over U. S. Highway 166 to Coffeyville, Kans., thence over U. S. Highway 169 to Cherryvale, Kans., thence over U. S. Highway 160 to Independence.

Route 7, between Joplin, Mo., and Parsons, Kans.: From Joplin over U. S. Highway 66 to Riverton, Kans., thence over Kansas Highway 96 to Crestline, Kans., thence over U. S. Highway 69 to Arma, Kans., thence return over U. S. Highway 69 to Franklin, Kans., thence over Kansas Highway 57 to St. Paul, Kans., thence over unnumbered highways to Erie, Kans., thence over U. S. Highway 59 to Parsons. Alternate route: From Joplin to Crestline as specified above, thence over U. S. Highway 69 to Columbus, Kans., thence over Kansas Highway 7 to Cherokee, Kans., thence over unnumbered highway to McCune, Kans., thence over U. S. Highway 160 to Parsons.

Route 8, between the junction of U. S. Highways 71 and 160, and Pittsburg, Kans. From the junction of U. S. Highways 71 and 160 over U. S. Highway 160 to Frontenac, Kans., thence over U. S. Highway 69 to Pittsburg.

Return over these routes.

28 M. C. C.