No. MC-88831 WILLIAM HENRY HUTE CONTRACT CARRIER Decided January 13, 1939 Operation by applicant as a contract carrier by motor vehicle, of brick, tile, limestone, and concrete blocks, from points in Ohio and Pennsylvania to Youngstown, Ohio, over regular routes, found not consistent with the public interest and the policy declared in section 202 (a) of the Motor Carrier Act, 1935. Permit denied. William Henry Hute for applicant. A. R. Eldred for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, LEE, AND ROGERS BY DIVISION 5: On December 13, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 27, were served on the parties. No exceptions to the order were filed, but on January 3, 1939, we postponed to January 13, 1939, the date on which the said order should become the order of the Commission and become effective. Not having been stayed or further postponed by us, it has become effective as our order. REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 27, COMPOSED OF NOEL F. GEORGE OF OHIO AND D. J. DRISCOLL OF PENNSYLVANIA By application filed February 14, 1938, William Henry Hute, an individual, of Youngstown, Ohio, seeks a permit authorizing operation, in interstate or foreign commerce, as a contract carrier by motor vehicle, of brick, tile, limestone, and concrete blocks, from Darlington, West Darlington, and Sharon, Pa., and Canton and Alliance, Ohio, to Youngstown, over regular routes, and to intermediate and off-route points in Mahoning County, Ohio. The application was referred to joint board No. 27 for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Rail carriers in trunk-line and Central Freight Association territories entered their appearance at the hearing and withdrew the protest previously filed by them. 171613-39-vol. 13—52 Applicant owns and operates a 1.5-ton dump truck capable of hauling up to the limit in Ohio of 5.5 tons and in Pennsylvania of 3.5 tons. He has been in the trucking business since 1933 and was registered under the code of fair competition in 1934. He holds an Ohio permit. Applicant carries all forms of insurance. He has complied with the safety and other regulations of the Commission, and there appears to be no question about his financial ability to perform the service herein proposed. At the present time applicant hauls brick, tile, limestone, and concrete blocks between Youngstown and points in Ohio within 50 miles thereof for the Youngstown Coal & Brick Company, with which he has a special contract. Besides this he is engaged in local hauling for the general public. The haul for the Youngstown Coal & Brick Company is, for the most part, a one-way, year-round operation. Accompanying the contract now in force, which was made a part of the record, is a scale of rates charged by applicant upon a ton-mile basis. The application was not supported by any testimony other than that of the applicant. No representative of the Youngstown Coal & Brick Company or any other shipper appeared in behalf of the application. In the absence of such testimony, there is no showing that this proposed operation is or will be consistent with the public interest. Upon consideration of all evidence of record, the joint board finds that the granting of the authority sought by applicant would not be consistent with the public interest and the policy declared in section 202 (a) of the Motor Carrier Act, 1935. In view of the findings herein, the joint board recommends that the appended order be entered. 13 M. C. C. No. MC-89197 AIRWAY EXPRESS, INCORPORATED, COMMON CARRIER APPLICATION Decided January 13, 1939 Public convenience and necessity found not to require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of general commodities, between Boston, Mass., on the one hand, and Newark, N. J., and Philadelphia, Pa., on the other, over regular routes. Application denied. John Quattrocchi, Jr., for applicant. W. A. Melander, Day Baker, and Francis E. Nute for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS EASTMAN, LEE, AND ROGERS BY DIVISION 5: On December 13, 1938, the following recommended report and a recommended order appended thereto, filed with us by the examiner, were served on the parties. No exceptions to the order were filed, but on January 3, 1939, we postponed to January 13, 1939, the date on which the said order should become the order of the Commission and become effective. Not having been stayed or further postponed by us, it has become effective as our order. REPORT AND ORDER RECOMMENDED BY THE EXAMINER By application filed May 11, 1938, Airway Express, Incorporated, of Providence, R. I., 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, between Boston, Mass., on the one hand, and Newark, N. J., and Philadelphia, Pa., on the other, over the following regular routes: Between Boston, Mass., and Newark, N. J., over U. S. Highway 1, or over U. S. Highway 1 from Boston to Providence, thence over U. S. Highway 6 to Hartford, thence over U. S. Highway 5 to New Haven, thence over U. S. Highway 1 to Newark, and between Boston, Mass., and Philadelphia, Pa., over U. S. Highway 1. In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to the examiner for hearing and the recommendation of an appropriate order thereon. Hearing has been held. Rail carriers in New England and trunk-line territories and several motor carriers opposed the application. Applicant was incorporated on February 18, 1938, under the laws of the State of Rhode Island. It never has transported commodities directly for the public. Its only operation has been under a lease arrangement with the Harrison Motor Freight Service, of Newark, N. J. Under this arrangement, applicant has received compensation for the use of its equipment on a tonnage basis, and on some occasions on a weekly basis. Applicant's equipment consists of one 4-ton 1937-model tractor and trailer. Its truck has made about three round trips per week, transporting general commodities from Newark or New York to Boston, and return. Applicant furnishes the drivers for such leased vehicle and the insurance is held jointly by the applicant and the Harrison Motor Freight Service. Instructions as to the routes to be traversed are given by the lessee. The drivers' wages on such leased equipment are paid by applicant. However, the lawfulness of the present lease arrangement is not in issue in this proceeding. Applicant proposes to operate over the specified routes, serving all intermediate points and off-route points located within 18 miles of such regular routes. It also proposes to interchange traffic with other carriers. Applicant proposes to transport general commodities with certain exceptions and to offer its services to the general public, although it testified that in all probability its services would be restricted to several shippers only. Several motor carriers are now serving the proposed territory and the evidence is not convincing that there is any substantial demand for the proposed operation or that the facilities at present available for this operation are inadequate or inefficient. Other than the testimony of applicant's witness that he believed that there was enough volume of business available to warrant an additional carrier to enter this territory, the record is devoid of evidence necessary to establish proof that public convenience and necessity require the proposed operation. Applicant does not offer any special service which would in any way differ from the services now available and offered by existing carriers. The examiner finds that the present and future public convenience and necessity do not require the operation proposed by applicant; and that the application should be denied. It is recommended that the appended order be entered. CASES DISPOSED OF BY THE COMMISSION WITHOUT MC-22 (Sub-No. 1). JOE DAVIS COMMON CARRIER APPLICATION. Recommended order of joint board No. 107, authorizing operation as a motor common carrier of general commodities between Murfreesboro and Monteagle, Tenn., became effective May 3, 1939. John Green for applicant. Walter Whitwell for protestants. MC-1360 (Sub-No. 1). CROWN MOTOR EXPRESS, INCORPORATED, EXTENSION OF OPERATIONS-NITRO, W. VA. Recommended order of the examiner, authorizing operation as a motor common carrier of rayon and synthetic fibre between Nitro, W. Va., on the one hand, and points in Virginia, North Carolina, and South Carolina, on the other, became effective May 23, 1939. Garland C. Flint for applicant. Leo P. Day and T. J. Minich for protestants. MC-1504 (Sub-No. 17). ATLANTIC GREYHOUND CORPORATION EXTENSION— WARSAW. Recommended order of joint board No. 103, authorizing operation as a motor common carrier of passengers, baggage, mail, light express, and newspapers between Wallace and Warsaw, N. C., and of special or chartered parties to any place within the United States, became effective May 11, 1939. J. R. Turney, Jr., and George D. Rives for applicant. R. B. Gwathmey for protestants. MC-1715 (Sub-No. 2). HAMILTON Y. KERNS EXTENSION OF OPERATIONS— PETROLEUM PRODUCTS. Recommended order of joint board No. 130, denying application for authority to operate as a motor common carrier of bulk petroleum products between named points in Georgia, North Carolina, and South Carolina, became effective May 15, 1939. B. F. Williams for applicant. W. T. Weaks, George M. Nolen, C. Granville Wyche, J. F. McLure, and J. Clyde Going for protestants. MC-2185 (Sub-No. 1). JOB M. FOSLER EXTENSION. Recommended order of the examiner, denying application for authority to operate as a motor contract carrier of chemicals and fertilizer and chemical containers between points in Maryland, New York, New Jersey, Pennsylvania, Delaware, Virginia, West Virginia, and the District of Columbia, became effective May 15, 1939. Everett B. Lackie for applicant. John R. Norris and F. X. Masterson for protestants. MC-3249 (Sub-No. 1). PEASLEY TRANSFER & STORAGE COMPANY EXTENSION OF OPERATIONS-IDAHO-OREGON. Recommended order of the joint board No. 6, authorizing operation as a motor common carrier of general commodities, with certain named exceptions between points in Idaho and Oregon, became effective May 9, 1939. Maurice H. Greene for applicant. L. H. Anderson, Ariel L. Crowley, and Donald A. Schafer for protestants. MC-3556 (Sub-No. 1). VINCENT G. SCHAUT EXTENSION OF OPERATIONS—— OLEAN, N. Y. Recommended order of the examiner, authorizing operation as a motor common carrier of passengers, baggage, light express, mail, and newspapers, between Johnsonburg, Pa., and Olean, N. Y., and between Smethport, Pa., and Port Allegheny, Pa., became effective May 24, 1939. Chas. I. Houston for applicant. Gilbert Nurick and G. A. Schafer for protestants. |