Page images
PDF
EPUB

Thus there is presented the following situation. Two corporations controlled and managed by two brothers, whose mother owns the majority of the stock in one of the corporations, are in effect shown to be engaged in a single enterprise. A substantial purpose of this enterprise is the aggregation of traffic over unlimited periods of time, without storage charge, for transportation by United at quantity or truckload rates. By what is in essence shown to be, we believe, a family-controlled device, United is performing indirectly, through Distributing, a service which we have found cannot lawfully be performed directly by the motor carriers with which United competes. Although the entire arrangement between United and Distributing, as disclosed by the evidence herein, clearly results in unfair and destructive practices and otherwise contravenes the policy declared in section 202 (a) of the act, we are urged, by these two applicants, to ignore the connection between United and Distributing, because of the existence of separate corporations which were chartered at the same hour on the same day, are controlled by members of a single family, occupy the same terminals and offices, and use the same telephone in their business. We are not prepared to do this, and we shall continue to observe the situation as disclosed in these proceedings, and such further action will be taken by us as may be deemed necessary. Findings.-In No. MC-7746 we find that applicant was on June 1, 1935, and continuously since has been, in bona fide operation as a common carrier by motor vehicle, in interstate or foreign commerce, of the commodities described in the appendix hereto, serving the points and areas in Washington therein named, over regular and irregular routes, and in the manner therein specified; that it is entitled to a certificate authorizing the continuance of such operations; and that the application should be denied in all other respects.

In No. MC-11179 we find that predecessor of applicant was, on June 1, 1935, and that continuously since such predecessor and applicant, successively, have been, in bona fide operation as a common carrier by motor vehicle of general commodities, in interstate or foreign commerce, at Spokane and Seattle and in the territory included within 3 miles of the corporate limits of such cities, and at Renton, Wash.; that applicant is entitled to a certificate authorizing the continuance of such operations; and that the application in all other respects should be denied.

In No. MC-31910 we find that the operations of applicant have not been shown to have been, or to be, those of either a broker or a common carrier by motor vehicle or a contract carrier by motor vehicle; and that the application should therefore be denied.

Upon compliance by applicants in Nos. MC-7746 and MC-11179 with the requirements of sections 215 and 217 of the act and with our rules and regulations thereunder, appropriate certificates will be issued. An order will be entered denying the applications except to the extent indicated in the above findings.

APPENDIX

No. MC-7746, United Truck Lines, Inc., Common Carrier Application: Extent of rights under the "grandfather" clause of the Motor Carrier Act, 1935 Commodities generally, except those of unusual value and except high explosives, commodities in bulk, livestock, commodities requiring special equipment, and those injurious or contaminating to other lading, between Seattle or Tacoma, Wash., on the one hand, and Spokane, Wash., on the other hand: From Tacoma over U. S. Highway 99 to Seattle, Wash., thence over U. S. Highway 10 to its junction with U. S. Highway 97, thence over U. S. Highway 97 to Ellensburg, Wash., thence over Washington State Highway 7 to Davenport, Wash., and thence over U. S. Highway 10 to Spokane, and return over the same route. Intermediate points: West-bound only, Cle Elum and Ellensburg, Wash.; no serv. ice between Seattle and Tacoma. Off-route points within 3 miles of Seattle and those within 3 miles of Spokane.

Over irregular routes as follows: Apples, from points and places in Spokane, Lincoln, Grant, and Chelan Counties, Wash., to Seattle, Tacoma, and Everett, Wash.; paper, from Millwood, Wash., to Seattle, Tacoma, and Everett; beans and peas, from Spokane, Wash., to Seattle, Tacoma, Everett, Carnation, and Wenatchee, Wash.; candy and sugar, from Spokane to Yakima and Wenatchee, Wash.; return with no transportation for compensation except as otherwise authorized herein, to the above-specified origin points.

23 M. C. C.

No. MC-19264 (SUB-No. 1)

J. SCHULMAN & COMPANY, INC., EXTENSION OF OPERATIONS

Decided June 6, 1940

On reconsideration, findings in prior report, 6 M. C. C. 680, modified to include authorization for the transportation of paper, paper products, and papermill supplies between points within 1 mile of White Pigeon, Mich., on the one hand, and all points in Indiana and Illinois, on the other. Issuance of a permit approved upon compliance by applicant with certain conditions and upon surrender of outstanding permit.

Appearances shown in prior report.

REPORT OF THE COMMISSION ON RECONSIDERATION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE BY DIVISION 5:

In the prior report herein, 6 M. C. C. 680, we authorized the issuance to applicant of a permit to operate as a contract carrier by motor vehicle, in interstate or foreign commerce, among other things, of paper, paper products, and paper-mill supplies "between White Pigeon and Three Rivers, Mich., on the one hand, and all points in Indiana and Illinois, on the other." It now appears that such description does not correctly reflect the authority intended to be granted. The description intended was "between White Pigeon, Mich., and points within 1 mile thereof, and Three Rivers, on the one hand, and all points in Indiana and Illinois, on the other." The proceeding is hereby reopened, on petition of the applicant, for the purpose of amending our report and order in this respect. On reconsideration, we find that the prior report and order herein should be, and they are hereby, amended by the substitution of "White Pigeon and points within 1 mile thereof" in lieu of "White Pigeon" where used in the findings of said report and in the said order.

Upon compliance by applicant with the requirements set forth in the said order, and upon surrender of the outstanding permit issued pursuant thereto, an appropriate permit will be issued.

248723m-vol. 23- 40

No. MC-88413 (SUB-No. 1) ·

S. A. MARKLEY EXTENSIONS OF OPERATIONS-CASPER, WYO.-NEBRASKA AND COLORADO; PARCO, WYO.UTAH AND IDAHO

Submitted April 11, 1940. Decided June 6, 1940

Public convenience and necessity found to require operation by applicant as a common carrier, of petroleum products, in bulk, in tank trucks, from Parco, Wyo., to specified points in Utah, and from Casper Wyo., to specified points in Colorado and Nebraska, over regular routes. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application in all other respects denied.

Marion F. Jones for applicant.

B. C. Brile, Charles Frankenburger, R. L. Hafer, C. Austin Sutherland, R. E. Powell, and Sylvester C. Horn for protestants. John L. McCullough for intervener.

REPORT OF THE COMMISSION

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

Exceptions were filed by protestants to the order recommended by the examiner, and applicant replied thereto. Our conclusions differ slightly from those recommended.

By application filed May 31, 1939, as amended, S. A. Markley, doing business as M & M Truck Company, of Denver, Colo., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of petroleum products, in bulk, from Parco, Wyo., to specified points in Utah and Idaho, and from Casper, Wyo., to specified points in Colorado and Nebraska, over specified routes.

Applicant has been transporting petroleum products, in bulk, since 1934. By certificate of December 27, 1938, in No. MC-88413, he is authorized to carry petroleum products in bulk, in tank trucks, from 10 origins in Kansas to destinations in a described area in northeastern Colorado; from Casper, Cheyenne, Glenrock, and Parco, Wyo., to specified destinations in Colorado; from Denver, Colo., to specified destinations in Wyoming; and from Denver and Cheyenne to specified destinations in South Dakota, Nebraska, Idaho, and Utah. In Markley Extension of Operations-Ramah, Colo., 22

M. C. C. 308, he was granted a certificate to carry the same commodities from Casper to Book's bulk station, a point about 13 miles south of Ramha, Colo.

After the granting to applicant of authority to operate from Denver and Cheyenne to Utah and Idaho points, Bay Petroleum Corporation, hereinafter called Bay, whose products he had anticipated handling in that service, entered into a so-called trade agreement with Standard Oil Company of California whereby Bay is permitted to supply its Utah and Idaho outlets from the refinery at Parco owned by the Standard Oil Company of California. Applicant has not utilized the authority to operate from Denver and Cheyenne to Utah and Idaho points. Bay's products are carried to points in those States by Allen Oil Company, a jobber, in trucks which it operates under a lease arrangement, not fully described, with the owners thereof, though some of the trucks now used appear to be owned by Allen Oil Company.

Protestant Owen Milton Collett, by certificate dated February 11, 1939, is authorized to transport refined petroleum products, in bulk, from Parco to certain points here sought in Utah and Idaho, but he has no authority to serve Thistle, Utah, or those points on U. S. Highway 91 south of Salt Lake City to Nephi, Utah; nor is there any other motor common-carrier service to those points from Parco.

As to the operation west-bound from Parco to Utah and Idaho, the examiner recommended that applicant be granted a certificate to operate from Parco to Thistle and points south of Salt Lake City on U. S. Highway 91 as far as Nephi. No exception to that recommendation was filed by any party, and we are of the opinion that such service should be authorized. Neither was exception taken to the examiner's recommendation that applicant be authorized to serve all Colorado destinations sought. Exception was, however, taken to the recommended grant of authority to serve Nebraska destinations.

At the time of the hearing, applicant's only interstate operations were from Wyoming and Kansas points to destinations in Colorado. Standard Oil Company of Indiana, hereinafter called Standard of Indiana, wishes to use applicant's service to additional points in Colorado and to 33 points in western Nebraska. In December 1939 that company inquired of several motor carriers of petroleum products whether they were authorized to operate from Casper to these 33 points in western Nebraska and also as to their rates to each destination. It developed that no such carrier is authorized to serve all the points named, and the instant application was filed by applicant at the request of Standard of Indiana in order to accord that shipper a one-carrier service to this territory. The application embraces not only the 33

« PreviousContinue »