Indiana-Illinois State line and extending along U. S. Highway 24 to its junction with U. S. Highway 35, thence along U. S. Highway 35 to its junction with Indiana Highway 28, and thence along Indiana Highway 28 to the Indiana-Ohio State line, and in that part of Ohio on and south of U. S. Highway 40 and on and west of a line extending along U. S. Highways 62 and 22 between Columbus and Cincinnati, Ohio. This service also involves the return of empty containers. These companies have used applicants' service in the past and desire it in the future. They require expedited deliveries and have experienced difficulty in obtaining adequate service from other common carriers operating in that territory.

A glass manufacturer desires applicants' service for the transportation of window glass from Vincennes to Bradley, Champaign, Decatur, Springfield, Galesburg, Sterling, Streator, Ottawa, Danville, Rockford, and Pana, Ill., to points in the Chicago, Ill., commercial zone, and to Dayton, Greenfield, and Middletown, Ohio. This company requires an on-call service, since its customers frequently demand that orders be filled and shipped the same day they are placed. Applicants' past service for the company has been very satisfactory. Their headquarters are located at Vincennes, and hence their trucks are always available on short notice. This company has found it difficult to get trucks when it wants them from other carriers. Applicants have been transporting glass for the company since 1933, and their drivers are experienced in the handling thereof, thus minimizing breakage in transit.

The manager of the heating and sheet-metal department of a wholesale hardware company located at Evansville also supported the application. His company purchases sheet metal and metal roofing materials at Middletown, Ohio, and heating and air-conditioning equipment at Ashland, Ohio. Most of its shipments move to Evansville, though occasionally it desires that part or full loads be dropped en route at Princeton, Vincennes, or Washington, Ind. It used applicants' service for some time prior to the issuance of the above-described order restricting their operations. Since that time it has been unable to obtain satisfactory service from other carrriers. In numerous instances goods have been damaged in transit, and considerable difficulty has been experienced in fixing responsibility therefor. This company also purchases small-arms ammunition, targets, traps, and clay pigeons at East Alton, Ill., and Kings Mills, Ohio. The transportation of all these commodities is said to require careful and expert handling. The company's competitors operate their own trucks, and unless it is provided with a dependable specialized service, such as that heretofore received from applicants, it too will be forced to resort to its own equipment.

Applicants' drivers are experienced in handling such commodities. Most of such goods cannot readily be handled in mixed loads with other freight, and a direct truckload service such as offered by applicants is almost indispensable.

The evidence will not support a finding that public convenience and necessity require operation by applicants in the transportation of the various other commodities covered by the application. In general, the request for authority to handle such commodities is based merely on the desire of the applicants for such traffic. In one or two instances shippers are said to have requested the service, but there is no showing that there is any substantial public demand therefor or that existing carriers are unable adequately to handle the business.

Applicants have established a substantial business, and their fitness and ability, financial and otherwise, to perform the proposed service is unquestioned. They propose to limit all of the described service, except the return movement of empty containers, to transportation in truckloads only, and our findings will be so restricted.

We find that the present and future public convenience and necessity require operation by applicants, in interstate or foreign commerce, as a common carrier by motor vehicle, of the commodities, from and to the points, and in the manner specified below, over irregular routes:

Petroleum products, in containers, in truckload lots, from Wood River, Ill., to Vincennes, Ind., and from Lawrenceville, Ill., to all points in that part of Indiana on and south of a line beginning at the Illinois-Indiana State line and extending east along U. S. Highway 24 to its junction with U. S. Highway 35, thence along U. S. Highway 35 to its junction with Indiana Highway 28, and thence along Indiana Highway 28 to the Indiana-Ohio State line, and in that part of Ohio on and south of U. S. Highway 40 and on and west of a line extending along U. S. Highways 22 and 62 between Columbus and Cincinnati, Ohio.

Empty containers for petroleum products, from Vincennes to Wood River, and from all points in those parts of Indiana and Ohio described above to Lawrenceville.

Window glass, in truckload lots, from Vincennes to Bradley, Champaign, Decatur, Springfield, Galesburg, Sterling, Streator, Ottawa, Danville, Rockford, and Pana, Ill., to all points in the Chicago, Ill., commercial zone as defined in 1 M. C. C. 673, and to Dayton, Greenfield, and Middletown, Ohio.

Sheet metal and metal roofing materials, in truckload lots, from Middletown, Ohio, to Evansville, Vincennes, Princeton, and Washington, Ind.

Heating and air-conditioning equipment, in truckload lots, from Ashland, Ohio, to Evansville, Vincennes, Princeton, and Washington, Ind.

Small-arms ammunition, targets, traps, and clay pigeons, in truckload lots, from East Alton, Ill., and Kings Mills, Ohio, to Evansville.

No transportation for compensation on return except as otherwise indicated herein or otherwise lawfully authorized.

We further find that applicants are 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 operations should be issued; and that the application in all other respects should be denied.

Upon compliance by applicants 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 indicated.

23 M. C. C.

No. MC-52418 (SUB-No. 1)

HARRIS FORWARDING COMPANY, INC., EXTENSION OF OPERATIONS-JOLIET AND CHICAGO HEIGHTS, ILL.

Submitted December 22, 1939. Decided May 4, 1940

Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, of roofing and roofing materials from Joliet, Ill., and of batteries and battery parts from Chicago Heights, Ill., to Cincinnati, Ohio, Indianapolis, Ind., and Louisville, Ky., over specified routes. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application denied in all other respects. Robert J. Henoch for applicant.

Jack Goodman, Harry E. Yockey, Zachary D. Ford, Jr., and O. J. Norris for protestants.

REPORT OF THE COMMISSION

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

Exceptions to the order recommended by the examiner were filed by one protestant, and applicant replied thereto.

By application, filed May 26, 1939, Harris Forwarding Company, Inc., of Chicago, Ill., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities, except high explosives, household goods, commodities of unusual value, commodities in bulk, and those requiring special equipment or those injurious or contaminating to other lading, between Joliet, Ill., on the one hand, and Cincinnati, Ohio, Indianapolis, Ind., and Louisville, Ky., on the other, over specified routes, serving Chicago Heights, Ill., as an intermediate point. The application is opposed by Hayes. Freight Lines, Inc., Pennsylvania Truck Lines, Inc., Keeshin Motor Express, Inc., Keeshin Motor Express Company, Inc., and the New York Central Railroad Company.

Applicant is a corporation organized under the laws of Illinois on May 14, 1938. It holds a so-called compliance order entered on December 28, 1938, providing for the issuance to it of a certificate of public convenience and necessity authorizing the transportation of general commodities, with certain exceptions, between Chicago, on the one hand, and Cincinnati, Indianapolis, and Louisville, on

the other, over specified routes, with service at all intermediate points, at off-route points in the Chicago commercial zone as defined in Chicago, Ill., Commercial Zone, 1 M. C. C. 673, and at off-route points within 15 miles of Cincinnati, Indianapolis, and Louisville. In addition, certain operations in Ohio are authorized, over irregular routes.

Applicant now proposes to extend its operations so that service may be afforded at Joliet and Chicago Heights. It proposes to serve these points over U. S. Highway 30 from Joliet to the junction of U. S. Highways 30 and 41. Chicago Heights is a point intermediate to Joliet on U. S. Highway 30. So far as additional highways and points served are concerned, the application therefore seeks merely the use of U. S. Highway 30 to and from Joliet and Chicago Heights in connection with applicant's existing routes.

Applicant claims that it was serving Joliet and Chicago Heights on June 1, 1935, and alleges that authority to serve these points should have been included in the compliance order entered pursuant to its application filed under the "grandfather" clause of section 206 (a) of the act. Applicant, however, did not file exceptions to that order, but instead elected to file this application.

An exhibit showing transportation performed in the past from and to Joliet and Chicago Heights was introduced in evidence. According to this exhibit, operations were instituted between Joliet and Indianapolis and Louisville in the latter part of 1932. The first shipment from or to Chicago Heights was transported on March 6, 1935, and consisted of lime. The shipments transported to or from Joliet consisted of roofing materials, wallpaper, printed matter, books, and canned goods. A number of these shipments were transported in 1933 and 1934. For the period in 1935 prior to June 1, however, the exhibit indicates the movement of but one shipment of greeting cards from Joliet to Louisville and the above-mentioned shipment of lime on March 6, 1935, from Chicago Heights to Indianapolis. In fact, but three shipments are listed on the exhibit for the period September 29, 1934, to July 23, 1935. A witness for applicant admitted on cross-examination that all shipments from and to Joliet in the period September 12, 1934, to August 24, 1935, were interchanged at Chicago. It was further admitted that the first operations to and from Joliet of a substantial nature were instituted sometime in 1936. The exhibit indicates that traffic of any consequence from Chicago Heights was first obtained about December 1935. On the basis of this transportation it seems clear that applicant is not in position to urge that it was in bona fide operation as a common carrier to and from Joliet and Chicago