lished provides for a minimum basis of column 45, under which the present rates on these articles from Holland to Winona and Minneapolis are 54 and 64 cents respectively, minimum 18,000 pounds. The proposed rates of 50 and 60 cents respectively, minimum 20,000 pounds, would result in a reduction of 4 cents in the rates and an increase of 2,000 pounds in the minimum weight. Based upon these minima and distances, the present rate to Minneapolis earns 20 cents a truck-mile and the proposed rate would earn 20.8 cents a truck-mile; to Winona the present rate earns 21.3 cents and the proposed rate would earn 21.9 cents.

Furnaces and related articles move for the most part by rail from Holland to Minneapolis and Winona under rail class rates, column 35, minimum 24,000 pounds. The rail rates are lower than the proposed motor rates, but the Furnace Company intends to avail itself of motor transportation if the proposed rates become effective.

Furnaces and related articles are manufactured also at Dowagiac, Kalamazoo, and Marshall, Mich. Protestants show that class rates applicable on truck shipments from those points to Minneapolis and Winona are higher than the proposed rates from Holland. They also compare the proposed rates with the applicable rates from Chicago and Milwaukee to Winona and Minneapolis. In addition they refer to the applicable class rates from Holland to Eau Claire and La Crosse, Wis., and Duluth, Minn. We shall not state these respective rates and the earnings that would be derived therefrom. The record fails to show the volume of traffic, if any, which moves from and to the respective points. One of the protestants has not participated in the transportation of truckload shipments of furnaces from any of the four Michigan points. The other protestant has received at Chicago from other carriers some truckload shipments of furnaces from Dowagiac and Kalamazoo to destinations which are not shown of record. This was the only showing by protestants of participation in the transportation of truckload shipments of furnaces. There is no evidence that the manufacturers at Dowagiac, Kalamazoo, or Marshall ship their products in truckloads to points in Wisconsin and Minnesota at the prevailing class rates.

Apparently protestants' main objection to the suspended schedules is the proposed minimum of 20,000 pounds. They assert that this minimum cannot be loaded in ordinary equipment, and that any minimum weight which may be approved herein should be subject to a rule which would require, in instances where a shipment cannot be loaded in one vehicle, that the contents of a fully loaded vehicle be charged at the minimum weight where the actual weight is less than the minimum, and that the excess or "overflow" freight be charged at the truckload rate and actual weight, subject to a minimum weight

of 20 pounds per cubic foot for the space occupied. Protestants did not establish the average weight of truckload shipments of furnaces and related articles. Moreover, their general statements as to the weight of a truckload of these commodities conflict with the statement made by the representative of the Furnace Company that furnaces and related articles would load in open-top equipment from 24,000 to 26,000 pounds.

Subsequent to the submission of this proceeding, division 5, in its twentieth supplement report in Central Territory Motor Carrier Rates, 26 M. C. C. 67, prescribed a reasonable minimum rate of 49 cents, minimum 20,000 pounds, on furnaces and related articles from Holland to La Crosse. The proposed rates compare favorably with that rate.

We find that the suspended schedules have not been shown to be unlawful. An order will be entered vacating the order of suspension and discontinuing this proceeding.

27 M. C. C.

CASES DISPOSED OF BY THE COMMISSION WITHOUT PRINTED REPORT DURING THE TIME COVERED BY THIS VOLUME

APPLICATION CASES-COMMON AND CONTRACT CARRIERS

BY DIVISION 5, COMMISSIONERS LEE, ROGERS, and PATTERSON:

MC-373, CHARLES M. LEITH COMMON CARRIER APPLICATION. MC-65297, Wilfred DewEY LOVIE Common Carrier APPLICATION. Decided January 8, 1941. Application in MC-373 granted. Household goods and granite, from Barre, Vt., and points within a stated radius thereof, on the one hand, and, on the other, points in Massachusetts, New Hampshire, Connecticut, New Jersey, and New York, over irregular routes. Application in MC-65297 for certificate or permit denied. General commodities, between certain points in Vermont, and points in New Hampshire, Massachusetts, Maine, Rhode Island, Connecticut, New York, New Jersey, and Pennsylvania, over irregular routes. Commissioner Lee did not participate. Robert H. Ryan for applicant in MC-373. Wilfred Dewey Lovie for applicant in MC-65297. Edward C. Hamel and Homer L. Skeels for protestants in MC-373 and MC-65297, and Robert H. Ryan for protestants in MC-65297.

MC-1121 (Sub-No. 1), PATRICK D. COAKLEY EXTENSION OF OPERATION. Decided January 15, 1941. Certificate granted. General commodities, between points within a 15-mile radius of Boston, Mass., excluding Boston, on the one hand, and points in Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, and a certain territory in New York, on the other, over irregular routes. Commissioner Lee did not participate. James G. Lane and Mary E. Kelley for applicant. James F. Harrington and George F. Mahoney for interveners.

MC-1433 (Sub-No. 1), ROE MORTON EXTENSION OF OPERATIONS-KANSAS. Decided January 29, 1941. Permit granted. Specified commodities, between Chicago, Ill., on the one hand, and points in Kansas, on the other, over irregular routes. Application denied in other respects. R. E. Powell and C. Austin Sutherland for applicant. F. J. Melia, W. J. McCarthy, Henry Christianson, and Weldon A. Dayton for protestants.

MC-1482 (Sub-No. 1), BUFFALO AND ERIE COACH CORP. EXTENSION OF OPERATIONS-DAYTON-KENNEDY, N. Y. Decided December 10, 1940. Certificate granted. Passengers and their baggage, and express, mail, and newspapers in the same vehicle, between specified points in New York, over regular routes, Commissioner Lee did not participate. S. Y. Rossiter for applicant.

MC-1855 (Sub-No. 1), SCHWENZER BROS., INC. EXTENSION OF OPERATIONS— PETROLEUM PRODUCTS. Decided December 13, 1940. Application for permit denied. Petroleum and petroleum products, in containers, from Sewaren, N. J., to points in New York, Connecticut. Rhode Island, Massachusetts, Pennsylvania, Delaware, and Maryland, over irregular routes. Commissioner Lee did not participate. Daniel J. Crecca for applicant. Harru J. Klein and F. X. Masterson for protestants.

MC-1976 (Sub-No. 1), JOHN NEWTON EXTENSION OF OPERATIONS-NEW YORK. Decided December 10, 1940. Application for certificate denied.

Build

ing materials, between certain points in New Jersey, and a defined territory in New York. Commissioner Lee did not participate. Bernard J. Flynn, Jr., for applicant. John J. Ferguson, H. R. Duffy, and Earle J. Harrington for protestants.

MC-2307, GRIGGS-TURNER CO., INC., COMMON CARRIER APPLICATION. Decided December 10, 1940. On reconsideration, findings in prior report modified to authorize the transportation of wallboard, in addition to previous authority granted, from Lisbon Falls, Maine, to points in Vermont, Connecticut, and a certain territory in Massachusetts, over irregular routes. Commissioner Lee did not participate. Appearances shown in prior report.

MC-2567, BELBEY TRANSFER COMPANY COMMON CARRIER APPLICATION. Decided December 10, 1940. Certificate granted. General commodities, with exceptions, between New York, N. Y., on the one hand, and Newark and Harrison, N. J., on the other, over irregular routes. Application denied in other respects. Commissioner Lee did not participate. Bernard F. Flynn, Jr., for applicant. H. Z. Maxwell, Frank J. Quick, and J. Frank Baird for protestants. MC-2681, ROY RITTENHOUSE COMMON CARRIER APPLICATION. MC-2681 (Sub-No. 1), ROY RITTENHOUSE EXTENSION OF OPERATIONS. Decided January 10, 1941. Certificate granted. General commodities, with exceptions, over regular routes, and specified commodities, over irregular routes, between certain points in New Jersey, Delaware, Maryland, the District of Columbia, Virginia, and New York. Application denied in other respects. Commissioner Lee did not participate. Fred D. Smillie for applicant. John B. Gest and Isadore H. Schwartz for protestants.

MC-3076, KARN'S TRANSFER, INC., COMMON CARRIER APPLICATION. Decided January 8, 1941. Application for certificate denied. Textile and kindred commodities, between Hazelton, Pa., and points within a stated radius thereof, on the one hand, and points in New York, Massachusetts, Rhode Island, and New Jersey, on the other; also general commodities, with exceptions, between Hazleton and the above area, on the one hand, and New York, N. Y., and points within a described area in New Jersey on the other; over irregular routes. Commissioner Lee did not participate. Richard V. Zug for applicant. C. E. Cotterill, A. E. Enoch, E. S. Shreve, Glenn F. Morgan, and Norman Friedman for protestants.

MC-3185, LEO M. HOFFMAN COMMON CARRIER APPLICATION. Decided January 11, 1941. Application for certificate denied. General commododies, between points in Iowa, Missouri, and Nebraska, over irregular routes. Commissioner Lee did not participate. Leo M. Hoffman for applicant. John Gamble, Phil W. Bowman, T. H. Hoyer, and E. R. Brillhart for protestants.

MC-3348, ARROW TRANSPORTATION COMPANY CONTRACT CARRIER APPLICA TION. Decided January 6, 1941. Application for permit denied. Chain grocery and food business house merchandise, between points in Maryland, Delaware. Pennsylvania, Virginia, and the District of Columbia, over irregular routes. Commissioner Lee did not participate. Spencer T. Money for applicant. W. T. Gardner, John R. Norris, and William C. Purnell for protestants.

MC-4297 (Sub-No. 2), KARL EMMETT KOERBER EXTENSION OF OPERATIONS PAINT. Decided January 17, 1941. Certificate granted. Paint, from Glendale, Calif., to points in the Los Angeles Harbor commercial zone, over irregular routes. Commissioner Lee did not participate. Karl Emmett Koerber for applicant. H. P. Merry, Arlo D. Poe, C. G. Anthony, William Meinhold, and Phil Jacobson for protestants.

MC-8581, JOHn Mueller Contract Carrier APPLICATION. Decided January 10, 1941. Certificate granted. Specified commodities, between named points in Illinois, Kansas, and Missouri, over irregular routes. Operations found to be those of a common carrier. Application denied in other respects. Commissioner Lee did not participate. Joseph M. Scanlan for applicant. James A. Gillen, B. W. La Tourette, C. R. Morrow, Lee Reeder, W. O. Ristine, and E. A. Tharp for protestants.

Decided Janu

MC-8684, HENRY WERNER COMMON CARRIER APPLICATION. ary 6, 1941. Certificate granted. Household goods and specified commodities, between points in New Jersey, Connecticut, Massachusetts, New York, and Pennsylvania, over irregular routes. Application denied in other respects. Operations found to be those of a common carrier. Commissioner Lee did not participate. Bernard F. Flynn, Jr., for applicant. E. S. Shreve, Edward S. Brashears, Griswold B. Holman, and H. R. Duffy for protestants.

MC-9124 (Sub-No. 1), F. WARD GSELL EXTENSION OF OPERATIONS. Decided January 11, 1941. On reconsideration, findings in the prior report, 21 M. C. C. 806, modified to substitute the word "fiberboard" in lieu of "celotex." Commissioner Lee did not participate. Appearances shown in prior report.

MC-10124, JOHN W. LAW COMMON CARRIER APPLICATION. Decided December 23, 1940. Certificate granted. Farm products, in truckloads, and lubricating oil, in containers, between certain points in Oklahoma and Colorado, over irregular routes. Application denied in other respects. Marion F. Jones for applicant. John P. Beck, B. C. Brile, Raymond B. Danks, and C. J. Putt for protestants.

MC-14619, W. MASON MCCULLOCH COMMON CARRIER APPLICATION. Decided January 2, 1941. Certificate granted. Household goods, between points in Oakland and Wayne Counties, Mich., on the one hand, and points in Illinois, Iowa, Indiana, Kentucky, Missouri, New York, Ohio, and Pennsylvania, on the other, over irregular routes. Application denied in other respects. Ben L. Goode for applicant. F. B. Henderson and Jerome D. Fenton for protestants.

MC-15911, OZARK TRUCK LINES, INC., COMMON CARRIER APPLICATION. MC-52600, W. J. HURST Common CARRIER APPLICATION. MC-89913 (Sub-No. 8), FRISCO TRANSPORTATION COMPANY EXTENSION OF OPERATIONS-SPRINGFIELD, ILL. Decided January 6, 1941. Certificate granted in MC-52600. General commodities, with certain exceptions, between St. Louis, Mo., and Chicago, Ill., over a specified route, with service to certain intermediate and off-route points. Certificate granted in MC-89913 (Sub-No. 8). General commodities, with certain exceptions, between Joplin and St. Louis, Mo., over a specified route, with service to certain intermediate and off-route points. Applications denied in other respects. Commissioner Lee did not participate. Frank B. Williams and Lee Reeder for applicant. Stanley P. Clay, Brainerd W. LaTourette, C. B. Jeans, David Axelrod, Jack Goodman, Ferdinand Born, Ellis F. Powell, R. E. Cooper, Jr., Evans A. Nash, Oscar Lindstrand, William E. Davis, M. G. Roberts, Nathan S. Sherman, and George W. Holmes for protestants.

MC-16438 (Sub-No. 2), ELLA BEDFORD EXTENSION OF OPERATIONS-SPECIAL COMMODITIES. Decided January 17, 1941. Application for certificate denied. Livestock, agricultural commodities, and emigrant movables, between Lake Wilson, Minn., and certain areas in South Dakota and Iowa, over irregular routes. Commissioner Lee did not participate. A. R. Fowler for applicant. G. F. Dames, B. C. Brile, H. F. Chapman, and A. L. Murphy for protestants.

MC-16454 (Sub-No. 2), R. L. ROGERS AND H. L. ROGERS COMMON CARRIER APPLICATION. Decided January 17, 1941. Certificate granted. Materials and supplies used in the discovery and maintenance of natural gas and petroleum,