No. MC-89309 FRIEND E. KENSINGER COMMON CARRIER APPLICATION Submitted April 29, 1939. Decided May 31, 1940 Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, of livestock, from points in Poweshiek County, Iowa, to Chicago, Ill., and of livestock, farm machinery and parts, binder twine, and feed in the reverse direction, over irregular routes. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application denied in all other respects. F. W. Tomasek for applicant. George R. Hise, John Gamble, and H. W. Schaffer for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE BY DIVISION 5: Exceptions were filed by applicant to the order recommended by the joint board. Our conclusions differ from those recommended. By application filed June 20, 1938, as amended, Friend E. Kensinger, of Malcolm, Iowa, seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of livestock from points in Poweshiek County, Iowa, to Chicago, Ill., and of livestock, farm machinery and parts, farm hardware, including fencing, tile, brick, and roofing, binder twine, animal feed, and coal in the reverse direction, over irregular routes. Rail carriers in western trunk-line territory opposed the application but offered no evidence. Applicant has been engaged in the trucking business for the past 6 years. He has transported livestock from points in Poweshiek County to Chicago and farm machinery and parts in the reverse direction. He discontinued the transportation of farm machinery and parts when the Motor Carrier Act, 1935, became effective. He testified that he has had many requests to haul farm machinery and parts, binder twine, and feed from Chicago to points in Poweshiek County, but had to refuse to transport such commodities because of the lack of authority. He owns two trucks and is financially and otherwise able to conduct the proposed operation. Two witnesses, who operate farms in Poweshiek County, testified that they have employed applicant's service in the transportation of livestock from their farms to Chicago. They desire that authority be granted for the continuance of this operation. A farm-machinery dealer testified that he had employed applicant's service in the transportation of farm machinery and parts from Chicago to his place of business at Grinnell, Iowa, prior to the effective date of the act. He stated that he needs the proposed service for expedited shipments of farm machinery and parts, binder twine, and feed from Chicago to Grinnell. A salesman for a farm-machinery dealer testified that his company desires and needs applicant's proposed service for the transportation of farm machinery and parts from Chicago to its store at Brooklyn, Iowa. Both Grinnell and Brooklyn are located in Poweshiek County. These farm machinery dealer witnesses stated that farm-machinery plants also are located at Sandwich, Streator, Rock Falls, Moline, Canton, Rock Island, and Silvis, Ill. These points are not within the scope of the application, as amended. No evidence was presented to show that public convenience and necessity require applicant's operation for the transportation of coal and of farm hardware, including fencing, tile, brick, and roofing. We find that public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of livestock from points in Poweshiek County to Chicago, and of livestock, farm machinery and parts, binder twine, and feed in the reverse direction, 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; and that he should be granted a certificate authorizing such operation. Upon compliance by applicant with the requirements of sections 215 and 217 of the act and with our rules and regulations thereunder, an appropriate certificate will be issued. An order will be entered denying the application except to the extent a certificate is granted herein. 23 M. C. C. No. MC-89726 FRANK W. EDMANDS, INC., CONTRACT CARRIER Submitted September 25, 1939. Decided May 31, 1940 Operation by applicant, as a contract carrier by motor vehicle, of solid fuels, in bulk, from Boston, Mass., and points within 25 miles thereof to points in New Hampshire, over irregular routes, found consistent with the public interest and the policy declared in section 202 (a) of the Motor Carrier Act, 1935, Issuance of a permit approved upon compliance by applicant with certain conditions. James G. Lane and Mary E. Kelley for applicant. Oliver C. Peterson for protestant. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE BY DIVISION 5: Exceptions were filed by protestants to the order recommended by the joint board, and applicant replied. By application filed November 3, 1938, as amended, Frank W. Edmands, Inc., of Lynn, Mass., seeks a permit authorizing operation as a contract carrier by motor vehicle, in interstate or foreign commerce, of solid fuels, in bulk, from Boston, Mass., and points within 25 miles thereof to points in New Hampshire, over irregular routes. The New Hampshire Motor Rate Bureau opposed the application. Applicant was incorporated in 1935 under the laws of Massachusetts and has been conducting an intrastate operation in Massachusetts since that time. It owns six trucks, equipped with third axles, air brakes on each wheel, and hydraulic hoists. Applicant is financially and otherwise able to conduct the proposed operation. It has been hauling solid fuels, such as coal, coke, and wood, for H. N. Hartwell & Sons, Inc., hereinafter called Hartwell, in intrastate commerce, for several years. The latter has been unable to employ a motor carrier having requisite authority and proper equipment to handle its interstate transportation, and therefore it requested applicant to file the application. Since November 30, 1938, Hartwell has been operating two of applicant's trucks from points in Massachusetts to points in New Hampshire under a lease arrangement. Hartwell desires to discontinue this private-carrier operation and to employ applicant's services as a contract carrier. Its representative stated that most of its customers in New Hampshire either do not desire to carry large stocks of fuel or are unable to purchase in large quantities, and that it is necessary for them to replenish their supplies frequently. He also stated that, in view of the keen competition in the solid-fuel business, fast and specialized transportation service, such as here proposed, is required. The principal plants of Hartwell are located in Lynn and Boston; however, it ships from numerous points within 25 miles of Boston. Hartwell's sales in the past, in respect to New Hampshire, have been confined to the territory lying south of Laconia and Bristol, N. H. However, the shipper witness testified that it is constantly endeavoring to expand its business throughout that State. A witness for protestant stated that the available motor-carrier service is adequate to meet the needs of this shipper. He testified that he had authority to operate from Everett, Mass., and Lynn to Manchester and Exeter, N. H. He also referred to four motor carriers which allegedly operate in the general territory here involved. These motor carriers are domiciled in New Hampshire, whereas applicant is located at Lynn. The services of the former do not appear to be adapted particularly to the requirements of Hartwell. Since none of these carriers has transported solid fuel for Hartwell to and from the points under consideration, we do not believe that they will be affected adversely by the granting of the authority sought. We find that operation by applicant, as a contract carrier by motor vehicle, in interstate or foreign commerce, of solid fuels, in bulk, from Boston and points within 25 miles thereof to points in New Hampshire, over irregular routes, will be consistent with the public interest and the policy declared in section 202 (a) of the Motor Carrier Act, 1935; that applicant is fit, willing, and able properly to perform such service, and to conform to the provisions of the act and our requirements, rules, and regulations thereunder, and that a permit authorizing such operation should be granted. Upon compliance by applicant with the requirements of sections 215 and 218 of the act, with our rules and regulations thereunder, and with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628, an appropriate permit will be issued. 23 M. C. C. No. MC-92884 JOHN YUNKER CONTRACT CARRIER APPLICATION Submitted November 2, 1939. Decided May 31, 1940 Operation by applicant as a contract carrier by motor vehicle, of special commodities, between specified points in Wisconsin and Illinois, over regular and irregular routes, found consistent with the public interest and the policy declared in section 202 (a) of the Motor Carrier Act, 1935. Issuance of a permit approved upon compliance by applicant with certain conditions, and application in all other respects denied. Joseph M. Scanlan for applicant. Earl Girard, S. E. Gregory, and Harold E. Spencer for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE BY DIVISION 5: Exceptions were filed by protestants to the order recommended by the joint board. By application filed March 23, 1936, as amended, John Yunker, of Dundee, Ill., doing business as John Yunker Transfer, seeks a permit as a contract carrier by motor vehicle, in interstate or foreign commerce, of beer, ale, porter, stout, malt and cereal beverages, still and carbonated water, advertising matter, and brewery supplies, from Milwaukee, Wis., to Elgin, Champaign, and East St. Louis, Ill., and from Waukesha and Sheboygan, Wis., to Elgin, over regular and irregular routes. The Chicago-Milwaukee Motor Carriers, Inc., certain motor carriers, and western trunk-line rail carriers operating in the territory opposed the application. Applicant has operated as a contract carrier since 1933, when he was issued a permit by the Public Service Commission of Wisconsin. This permit restricts applicant's operations in Wisconsin to certain highways. He owns one tractor and a refrigerated trailer which is adapted to the transportation of malt and carbonated beverages. He is financially and otherwise able to conduct the proposed operation. Applicant's general manager testified that applicant has transported malt and carbonated beverages, and advertising matter that is used in the sale and distribution of such commodities, continuously since prior to July 1, 1935, from Milwaukee and Waukesha |