No. MC 45813 DUMFORD TRUCKING COMPANY CONTRACT CARRIER APPLICATION Decided May 31, 1940 On reconsideration, finding in prior report, 20 M. C. C. 807, modified to authorize issuance to applicant of a permit to operate as a contract carrier, over regular routes, of printing paper from Middletown, Ohio to Indianapolis, Ind., and of corrugated containers and corrugated sheets, partitions, pads, fillers, and liners, from Middletown to Winchester, Ind., and from Middletown to Newcastle, Ind., and, over irregular routes, from Middletown to Bellevue and Covington, Ky. Appearances shown in prior report. REPORT AND ORDER OF THE COMMISSION ON RECONSIDERATION DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE BY DIVISION 5: In the prior report and order herein, 20 M. C. C. 807, we authorized the issuance to applicant of a permit to operate as a contract carrier by motor vehicle, in interstate or foreign commerce, of printing paper over a regular route from Middletown, Ohio, to Indianapolis, Ind., and of corrugated containers over regular routes from Middletown to Winchester, Ind., serving Richmond, Ind., as an intermediate point, and from Middletown to Newcastle, Ind., and over irregular routes from Middletown to Bellevue and Covington, Ky. Upon petition of applicant, the proceeding hereby is reopened for reconsideration. The term "corrugated containers" does not describe adequately the commodity transported by applicant. Certain exhibits described shipments listed therein as "corrugated containers," but an examiration of the freight bills and the testimony of applicant's president reveal that these shipments consisted of corrugated pulpwood containers, knocked down flat, corrugated partitions, corrugated pads, corrugated sheets, and corrugated liners. The commodity which applicant is authorized to transport over routes 2, 3, and 4, as set forth in the findings in the prior report, should be corrected to this extent. Upon reconsideration, we find that the prior report and order should be, and they are hereby, amended and modified so as to grant applicant a permit authorizing operation as a contract carrier of printing paper from Middletown to Indianapolis over route 1 as set forth in the prior report, and of corrugated containers and corrugated partitions, pads, sheets, and liners from Middletown to Winchester and Newcastle over routes 2 and 3 as set forth in said report, serving Richmond as an intermediate point over route 2, and from Middletown to Bellevue and Covington, over irregular routes; and it is so ordered. 23 M. C. C. No. MC-55369 (SUB-No. 1) EDWARD P. ROY EXTENSION OF OPERATIONS- Submitted September 8, 1939. Decided May 31, 1940 1. Applicant's proposed operations found to be those of a common carrier. 2. Public convenience and necessity found to require operations by applicant as a common carrier by motor vehicle, of citrus fruit, in a seasonal operation from September to July, inclusive, from Yuma, Ariz., and points within 15 miles thereof to certain points in California, and from points within 15 miles of Yuma to Los Angeles, Calif., over irregular routes. Issuance of certificate approved upon compliance by applicant with certain conditions, and application denied in all other respects. Gus Hagenstein for applicant. Fred N. Bigelow, Phil Jacobson, Robert V. Hardie, C. G. Anthony, A. B. Squier, Paul Beidleman, Randolph Karr, and E. L. H. Bissinger for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE BY DIVISION 5: Exceptions were filed by protestant rail carriers to the order recommended by the joint board. By application filed March 22, 1938, Edward P. Roy, of Fullerton, Calif., seeks a permit authorizing operation, in interstate or foreign commerce, as a contract carrier by motor vehicle, of citrus fruit and farm products, in a seasonal operation from September to July, inclusive, from Yuma, Ariz., and points within 15 miles thereof to Los Angeles, Redlands, Vernon, Pasadena, Arlington, Riverside, and points in Orange County, Calif., over irregular routes. A number of motor and rail carriers operating in the territory opposed the application but submitted no evidence. On February 18, 1939, the Commission, division 5, entered an order in No. MC-55369, effective 30 days after date, granting to applicant a certificate as a common carrier by motor vehicle of citrus fruits and equipment used in the picking thereof, from Bard, Calif., and points within 10 miles thereof to Yuma, of citrus fruits from Yuma to Los Angeles, and of canned goods from Anaheim, Calif., to Los Angeles Harbor, over irregular routes. Applicant has been engaged in transporting citrus fruit, in intrastate and interstate or foreign commerce, since 1926. He owns and operates 16 units of equipment which are designed for the transportation of citrus fruit. He is financially and otherwise able to conduct the proposed operation. Although part of applicant's operations have been performed under contract, he testified that he always held himself out to serve anyone desiring his services. Accordingly, his proposed operations are those of a common carrier and not those of a contract carrier. Four witnesses appeared on behalf of applicant. The manager of a citrus-fruit packing plant at Redlands, two representatives of citrus-fruit plants at Los Angeles, and a citrus-fruit grower in the Yuma area testified that they have used applicant's service in the past and have been satisfied with it. They stressed the importance of the extreme care necessary in handling citrus fruit and pointed out that applicant's equipment is designed for such transportation, that applicant's employees are all experienced citrus-fruit men, and that they know how to handle the fruit so as to avoid bruising or scarring. Each of the witnesses disclaimed any knowledge of any other motor carrier, equipped as applicant, who could conduct the proposed service. Although applicant also seeks authority to transport farm products, no evidence was presented as to the need for such service. In view of the fact that applicant has been previously authorized to transport citrus fruit from Yuma to Los Angeles, the same authority herein sought will be denied. We find that the proposed operation is that of a common carrier. We further 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 citrus fruit in a seasonal operation from September to July, inclusive, from Yuma and points within 15 miles thereof to Redlands, Vernon, Pasadena, Arlington, Riverside, and points in Orange County, and from points within 15 miles of Yuma to Los Angeles, over irregular routes; that applicant is fit, willing, and able properly to perform such service and to conform to the provisions of the act and our rules and regulations thereunder; that a certificate authorizing such operation should be granted; and that the application in all other respects 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 granted herein. No. MC-40428 1 JOHN J. CROSS CONTRACT CARRIER APPLICATION Submitted February 15, 1940. Decided May 31, 1940 1. In Nos. MC-40428, MC-29695, and MC-29696, interstate operations of applicants, John J. Cross and Cross Transportation, Inc., found to be those of a common carrier, conducted as a single business for which only one certificate should be granted. 2. The person to be designated by applicants to receive the operating authority found entitled to continue operation as a common carrier by motor vehicle, in interstate or foreign commerce, of specified commodities from and to certain points in New Jersey, New York, Connecticut, Delaware, Pennsylvania, Maryland, and the District of Columbia, 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 the person receiving the authority with certain conditions, and applications denied in all other respects. 3. Public convenience and necessity found to require operation by applicant in No. MC-100391, as a common carrier by motor vehicle, in interstate or foreign commerce, of specified commodities, from and to certain points in New Jersey, Pennsylvania, Maryland, Connecticut, Massachusetts, New York, and Delaware, over irregular routes. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application denied in all other respects. Charles E. Cotterill for applicant in No. MC-40428; Joseph C. Colquitt for applicants in Nos. MC-29695, MC-29696, and MC100391; and Harold A. Horwitz for applicants in Nos. MC-29695 and MC-29696. Oliver T. Myerhoff and U. E. McFarland for intervener in support of application in No. MC-100391. Alfred S. Knowlton and Arthur Eldred for protestants in Nos. MC-40428, MC-29695, MC-29696, and MC-100391; Harry Adler for protestants in Nos. MC-29695, MC-29696, and MC-100391; and John W. Jacob, Isadore H. Schwartz, and August W. Heckman for protestants in No. MC-100391. This report also embraces No. MC-29695, Cross Transportation, Inc., Common Carrier Application, No. MC-29696, Cross Transportation, Inc., Contract Carrier Application, and No. MC-100391, Cross Transportation, Inc., Common Carrier Application. 23 M. C. C. |