(Sub-No. 6) and MC-17820 (Sub-No. 6); and to the exceptions filed in the latter proceeding the applicant in No. MC-17820 (Sub-No. 6) replied.

Both applicants seek authority for an extension of operations over the same route between Greenville and York, S. C., and by stipulation of the parties much of the testimony relative to the public convenience and necessity of such extension, adduced in No. MC-61598 (Sub-No. 6), was incorporated by reference in No. MC-17820 (SubNo. 6). The applications accordingly will be disposed of in one report. Our conclusions in No. MC-61598 (Sub-No. 6) differ somewhat from those recommended by the joint board.

No. MC-61598 (Sub-No. 6).—By application filed September 1, 1939, Smoky Mountain Stages, Inc., of Asheville, N. C., hereinafter called Stages, seeks a certificate of public convenience and necessity authorizing extension of operation, 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 Sylva, N. C., and York, S. C., via Greenville, over the following route: From Sylva over North Carolina Highway 107 to Cashiers, N. C.; thence over U. S. Highway 64 to Highlands, N. C.; thence over North Carolina, Georgia, and South Carolina Highways 28 to Walhalla, S. C.; thence over South Carolina Highway 183 to Pickens, S. C.; thence over unnumbered highways to Greenville, S. C.; thence over unnumbered highways via Batesville and Pelham, S. C., to a junction with South Carolina Highway 101; thence over South Carolina Highway 101 to Woodruff, S. C.; thence over U. S. Highway 221 to Enoree, S. C.; thence over South Carolina Highway 92 to Union, S. C.; thence over South Carolina Highway 91 to Sharon, S. C.; and thence over South Carolina Highway 5 to York; and return.

Under authority previously granted in Inter-Carolinas Motor Bus Co. Com. Car. Application, 21 M. C. C. 633, and other proceedings, Stages now operates 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, over two divisions of routes. The western division includes routes extending between Asheville, N. C., Chattanooga, Tenn., Atlanta, Athens, and Lavonia, Ga., and Anderson, S. C., and intermediate points. The eastern division is composed of routes between Gastonia and Charlotte N. C., and York, Rock Hill, and Greenwood, S. C., and intermediate points. The proposed route would connect with the western division at Sylva, Highlands, and Pickens, and with the eastern division at York, thereby enabling Stages to operate the aforesaid divisions conjunctly.

The proposed route west of Greenville extends through resort territory in the vicinity of the Great Smoky Mountains. Stages has authority from the appropriate State regulatory bodies for intrastate operations over the proposed route in South Carolina and Georgia, and over a portion of the proposed route in North Carolina. In connection with routes previously authorized, Stages now transports passengers over U. S. Highway 64 between Highlands and the junction of that highway and North Carolina Highway 107 at Cashiers. Accordingly, any authority granted herein shall not be construed as duplicating any authority heretofore granted.

A number of witnesses residing at points on the proposed route between Greenville and Sylva appeared in support of the application. These witnesses testified in substance that a need exists for the service herein proposed with respect to the transportation of passengers from points in North Carolina to Greenville for shopping or business purposes, and in the reverse direction to resort places at Highlands, Cashiers, and other points in North Carolina. The proposed service would also benefit students residing in South Carolina who attend a college at Cullowhee, N. C.

Except for the existing service of Stages between Highlands and Cashiers, no rail or motor carrier of passengers is in operation over the proposed route between Sylva and Walhalla. Welborn Bus Lines operates over that part of the route between Walhalla and Greenville, but did not oppose the application. The circumstances related above clearly establish a need for the service proposed by Stages in the transportation of passengers and their baggage between Greenville and Sylva and intermediate points.

The proposed route between Greenville and York extends over a hard-surfaced road through a section devoted principally to farming and cotton milling, and is approximately 93 miles in length. Exclusive of Greenville and Union, the points on this route are of fairly small populations. The 1939 population of Greenville was estimated to be 29,154 persons; Pelham, 330; Woodruff, 3,175; Enoree, 1,500; Union, 7,419; Monarch, 1,000; Lockhart, 1,858; Sharon, 324; and York, 2,827.

Various individuals from most of the communities on the proposed route between Greenville and York appeared in support of the application. These witnesses desire inauguration of the proposed service so that they may travel westward to resort points on or beyond Stages' proposed route between Greenville and Sylva and eastward to Charlotte or points beyond. Most of the witnesses urged the necessity of the direct service between their communities and Charlotte which would be provided over the proposed route of Stages from Greenville to York and thence over its previously authorized route

to Charlotte. Stages' president and general manager stated that the granting of authority to operate between Sylva and York would enable his company to route busses between the now-separated divisions without the necessity of deadheading.

Stages is a member of National Trailways System, an organization of motor passenger carriers which arranges for expedited transportation of passengers over the routes of member carriers. The representative of two motor passenger carriers which also are members of this system stated that the routes of such carriers connect with the previously authorized routes of Stages at Charlotte and Asheville. The proposed route between Sylva and York would open Greenville to that system and would provide an optional route for passengers traveling to points in the Great Smoky Mountains. At present, interchange of passengers destined to Greenville is effected at Charlotte with an existing carrier which operates over a route different from that herein proposed.

The Atlantic Greyhound Corporation transports passengers over routes extending between Greenville, Charlotte, Asheville, Atlanta and Augusta, Ga., and Columbia, S. C. It operates nine scheduled trips daily in either direction between Greenville and Charlotte over a route approximately 15 miles shorter than that which would be operated by Stages between such points over the proposed and previously authorized routes. At Spartanburg and Gaffney, S. C., points on its route between Charlotte and Greenville, it has connections with the lines of McDuff Turner, doing business as Carolina Scenic Coach Lines. The latter operates over that part of the proposed route between Woodruff and Enoree, and over routes intersecting Stages' proposed route at Cross Anchor and Union, S. C. Hamish Turner, applicant in No. MC-17820 (Sub-No. 6), transports passengers between Union and Lockhart over a route different from that herein involved, as a part of previously authorized operations between Anderson and Chester, S. C.

No. MC-17820 (Sub-No. 6).-By application filed November 1, 1939, as amended, Hamish Turner, hereinafter called Turner, of Spartanburg, S. C., doing business as Carolina Stages, seeks a certificate of public convenience and necessity authorizing extension of operation 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 Greenville, S. C., and York, S. C., over the same route as described above, serving all intermediate points and including the transportation of special or chartered parties from points on such route.

On March 13, 1939, the Commission, division 5, entered an order in No. MC-17820, granting to Turner a certificate as a common

28 M. C. C.

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, over specified routes between Anderson and Rock Hill, S. C., via Lockhart, Union, and Whitmire, S. C., and between Whitmire and Saluda, S. C. Subsequent to the hearings herein, Turner was issued certificates in Nos. MC-17820 (Sub-Nos. 1 and 3) and MC-17820 (Sub-No. 5) authorizing the transportation of passengers, baggage, mail, express, and newspapers over specified routes between Rock Hill and Charlotte, N. C., and between Columbia, S. C., and the South Carolina-North Carolina State line at its junction with South Carolina Highway 211, and between Fort Lawn and Lancaster, S. C. Turner has authority from the South Carolina Public Service Commission for intrastate operations over the route herein involved between Greenville and York. The South Carolina certificates authorizing such intrastate operations were filed in Nos. MC-54531 (Sub-No. 1) and MC-54531 (Sub-No. 2) under the second proviso of section 206 (a) of the act.

Turner testified that he operates over the proposed route between Greenville and York in intrastate commerce, and that operations in interstate or foreign commerce were commenced between Greenville and Union on April 25, 1940. He recalled three instances where passengers traveled over his line to or from points beyond South Carolina, and stated that other similar instances had occurred. He further stated that he would cooperate with other motor carriers at Greenville and York in establishing coordinated schedules in order to facilitate the movement of passengers moving to and from points beyond Greenville and York. As stated above, evidence adduced at the hearing in No. MC-61598 (Sub-No. 6) with respect to the need for passenger service between Greenville and York was by stipulation of the parties included in the instant record. In addition, certain exhibits containing information as to Turner's financial status, which were introduced in evidence at the hearing in No. MC-17820 (Sub-No. 5), were incorporated by reference into the instant record.

Stages contends that it should be granted the certificate, since its application was filed prior to that of Turner; that public convenience and necessity require its proposed operation not only between Sylva and Greenville, but also between Greenville and York; and that the joint board denied a part of its application on the ground that profitable operations could not be conducted between Greenville and York by a carrier not authorized to operate in intrastate commerce, whereas considerations with respect to intrastate commerce are irrelevant to the question of the convenience and necessity of the proposed operation in interstate or foreign commerce. Turner, on the other

hand, maintains that the conclusions of the joint board that Stages' application with respect to operations between Greenville and York should be denied are correct, and that he should be issued authority to operate between Greenville and York.

Conclusions. The operations during 1939 of both Stages and Turner were profitable. Each carrier has sufficient equipment, and each is fit and able to conduct the proposed operations. The evidence establishes that much of the travel between points on the proposed route between Greenville and York would be in intrastate commerce, and this circumstance would no doubt increase Turner's expected revenue. On the other hand, the president and general manager of Stages asserted that the latter's proposed operation would be profitable, even though restricted between Greenville and York to transportation in interstate or foreign commerce only. Under the circumstances, we are convinced that the public convenience and necessity require the proposed operations of each applicant. We realize that this conclusion will necessitate a duplication of operation over the route between Greenville and York, a distance, as stated, of approximately 93 miles. However, in view of the extensive operations of Stages in North Carolina, South Carolina, Tennessee, and Georgia, and of Turner in South Carolina and North Carolina, we are of the opinion that this duplication will benefit the traveling public and will not work undue hardship on either applicant.

In the absence of valid reasons to the contrary, authority to transport mail may be granted applicants under section 208 (c) of the act. Applicants have been carrying express and newspapers in connection with previously authorized operations, and in the absence of any other motorbus service over the proposed routes, we conclude that the authority hereinafter granted should include the right to transport express and newspapers.

With respect to the request of the applicant in No. MC-17820 (SubNo. 6) to transport special or chartered parties, division 5 found in Peninsula Transit Corp. Common Carrier Application, 1 M. C. C. 440, that the right to transport special or chartered parties is incidental to the holding of a certificate for the transportation of passengers between fixed termini over a regular route or routes. It also found that we have no authority to place any limitation upon the destination territory to which a regular-route common carrier of passengers may transport special or chartered parties, but that we may, by special or general rules and regulations, impose appropriate limitations as to the origin territory, and prescribe terms and conditions under which such parties may be transported. Consistently with this view, we have restricted in numerous cases, and we will