the statutory date, and many of these were interchanged at Newark and delivered by a connecting carrier to Philadelphia. Topsfield rarely obtained return movements from Philadelphia. One witness appearing in applicant's behalf could not remember any shipments transported by Topsfield to or from Philadelphia between October 1938 and February 1939, at which time he left Topsfield's employment. Two former employees and officers of Topsfield since employed by protestant, M. & M. Transportation Co., could recall no shipments transported directly by applicant to or from Philadelphia for a period of 18 months or longer preceding the appointment of the receiver May 3, 1939.

Before we may grant a certificate under the "grandfather" clause of the act to applicant, we are directed to find as a condition precedent that it and its predecessor have been in bona fide operation on and continuously since the statutory date. While applicant has shown an operation by its predecessor, Topsfield, to and from Philadelphia on and prior to the statutory date, nevertheless, it has failed. to establish that this operation has been continuous and substantial. The documentary evidence discloses no shipments to or from Philadelphia between June 1, 1935, and May 3, 1939, despite the fact that representative tabulated shipments covering more than a year of operation during this period were presented. As stated, the oral testimony indicates that shipments during this same period were occasional in character, and that in many instances they were interchanged by Topsfield at Newark and transported by a connecting carrier to or from Philadelphia. It is well settled that "grandfather" rights do not accrue to an applicant on the basis of the operations of a connecting carrier. Furthermore, uncontroverted testimony of record discloses an extended lapse in service to or from Philadelphia prior to the appointment of the receiver, and this interruption of service has not been shown to have been beyond the control of the applicant. Such a substantial interruption of service prior to May 12, 1939, is in itself fatal to applicant's "grandfather" claim to the Philadelphia operation. Even assuming that no such cessation occurred, the service since the statutory date to or from Philadelphia still has been plainly occasional, sporadic, and infrequent. Considering the size and commercial importance of Philadelphia and the well-known fact that traffic of great volume and diversity is regularly made available to and from that city, the showing made is clearly insufficient to establish that a substantial operation has been conducted to and from Philadelphia or any nearby points on and continuously since the statutory date. In the circumstances, this phase of the application must necessarily be denied.

Other operations and services.-In its "grandfather" application, Topsfield sought authority to continue the operations described in appendix B. Since the reopening order was not limited solely to the Philadelphia operation, we have reviewed all evidence of record. As stated, the routes employed in and the territorial scope of the operations conducted by Topsfield and Shawmut on the statutory date between New York City and Boston were substantially alike. The operations of Topsfield were continued in like manner until the appointment of the receiver. Thus, the great preponderance of the operations shown to have been conducted by Topsfield since prior to June 1, 1935, are authorized in the "grandfather" certificate already granted to Shawmut, in No. MC-51006, on the basis of the latter's own operations on and since the statutory date. In other words, it appears that Shawmut already has ample authority to conduct practically all the "grandfather" operations of Topsfield. Duplicating operating rights will not, therefore, be authorized. Worcester, Mass., appears to be the sole point not heretofore authorized to or from which applicant has proved a "grandfather" right. This point is an intermediate point on applicant's presently authorized Boston-New York route. Five shipments of canned goods, lacquer, and compounds were shown to have been transported by Topsfield prior to the statutory date from Parlin, N. J., and New York City to Worcester. Groceries, drugs, heaters, candy, novelties, clothing, paints, and metals were transported by Topsfield and Shawmut successively after 1937 to or from Worcester, 27 representative shipments, including these commodities, are shown during this period. The oral testimony indicates generally that transportation services to and from Worcester have been continuous since prior to the statutory date. Based on the foregoing evidence, we conclude that applicant is entitled to continue a service at Worcester in connection with its present operations. While a substantial service is also shown at Springfield, Mass., on and since the statutory date, and up to the time the receiver was appointed, Shawmut did not, however, continue the service after July 18, 1939, but interchanged, at Boston, traffic originating at or destined to Springfield. Since "grandfather" rights do not accrue by virtue of the operations of a connecting carrier, applicant will be denied authority to serve Springfield.

Findings.-1. On reconsideration, we find that an interruption of service between May 12 and July 18, 1939, was beyond the control of applicant and its predecessor.

2. We further find that applicant has failed to establish that it and its predecessor have been in bona fide operation on and continuously since June 1, 1935, in interstate or foreign commerce, as a

common carrier by motor vehicle of general commodities, with exceptions, between New York City and Philadelphia, Pa., over the routes, with services at the intermediate and off-route points, as described in appendix B to the extent applicable.

3. We further find that on and continuously since June 1, 1935, applicant and its predecessor in interest have been in bona fide operation, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities, except livestock, articles of unusual value, dangerous explosives, household goods as defined in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467, commodities in bulk and those requiring special equipment, in a service at Worcester, Mass., as an intermediate point in connection with the regular-route operations authorized in No. MC-51006; that an appropriate certificate authorizing continuance of such service should be granted; and that the application should be in all other respects 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 that a certificate is granted in this report on reconsideration.

APPENDIX A

Authority granted in No. MC-51006

General commodities, except livestock, articles of unusual value, dangerous explosives, household goods as defined in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467, commodities in bulk, and commodities requiring special equipment.

1. Between Boston, Mass., and New York, N. Y.: From Boston over Massachusetts Highway 9 to its junction with U. S. Highway 20, thence over U. S. Highway 20 to Springfield, thence over U. S. Highway 5 to New Haven, Conn., and thence over U. S. Highway 1 to New York, and return over the same route; and from Boston over U. S. Highway 1 to Providence, R. I., thence over Rhode Island Highway 3 to Hopkinton, R. I., thence over Rhode Island Highway 84 to the Rhode Island-Connecticut State line, thence over Connecticut Highway 84 to its junction with U. S. Highway 1, and thence over U. S. Highway 1 to New York, and return over the same route.

Intermediate points. Pawtucket and Providence, R. I. Off-route points: Points within 20 miles of Boston, and those in New York and New Jersey within E miles of Columbus Circle, New York, N. Y.

2. Between New Bedford, Mass., and New York, N. Y.: From New Bedford over U. S. Highway 6 to Providence, R. I., and thence over the above-described route to New York, and return over the same route.

Intermediate point: Providence, R. I. Off-route points: Points within 10 ailes of New Bedford, and those in New York and New Jersey within 25 miles of Columbus Circle, New York, N. Y.

581984-45—vol. 43- -3

APPENDIX B

Routes claimed in No. MC-51006 (Sub-No. 1)

Commodities generally, except those commodities restricted by classification, and/or tariff, and/or exception to both, from Boston, Mass., and territory including all cities and towns northeast to Newburyport, Mass., to north at Lowell, Mass.; to west at Hudson, Mass.; to southwest at Milford, Mass.; to south at Bridgewater, Mass.; to southeast at Plymouth, Mass.; to Philadelphia, Pa., and to points and places within 10 miles thereof, and return, over the following routes:

From Boston, Mass., to Shrewsbury, Mass., over Massachusetts Highway 9; from Shrewsbury, Mass., to Springfield, Mass.; over U. S. Highway 20; from Springfield, Mass., to New Haven, Conn., over U. S. Highway 5; from New Haven, Conn., to New York, N. Y., over U. S. Highway 1; from New York, N. Y., to Jersey City, N. J., through a tunnel and over ferries; and from Jersey City, N. J., to Philadelphia, Pa., over U. S. Highway 1; or New York, N. Y., to Fort Lee, N. J., over George Washington Bridge; from Fort Lee, N. J., to Jersey City, N. J., over U. S. Highway 9; and from Jersey City, N. J., to Philadelphia, Pa., over U. S. Highway 1.

Return trip: Philadelphia, Pa., to Camden, N. J., over city streets; from Camden, N. J., to Hightstown, N. J., over U. S. Highway 130; from Hightstown, N. J., to New Brunswick, N. J., over New Jersey Highway 25; from New Brunswick, N. J., to Newark, N. J., over New Jersey Highway 27; from Newark, N. J., to Jersey City, N. J., over U. S. Highway 1; and from Jersey City, N. J., to New York, N. Y., through a tunnel and over ferries; or Jersey City, N. J., to New York, N. Y., over George Washington Bridge at Fort Lee, N. J.; from New York, N. Y., to Groton, Conn., over U. S. Highway 1; from Groton, Conn., to Hopkinton, R. I., over Connecticut-Rhode Island Highway 84; from Hopkinton R. I., to Providence, R. I., over Rhode Island Highway 3; and from Providence, R. I., to Boston. Mass., over U. S. Highway 1 or U. S. Highway 1-A. All intermediate points served.

Off-route points: Attleboro, Chicopee, Clinton, Fall River, Fitchburg, Gardner, Holyoke, Hudson, Indian Orchard, Leominster, Marlboro, Maynard, New Bedford, South Hadley, Taunton, and West Springfield, Mass.; Bristol, Cranston, Warren, and Woonsocket, R. I.; points and places within 15 miles of the city of New York; Flushing and Maspeth, Long Island, N. Y.; Bay Way, Irvington, Carteret, Bayonne, Linden, Nutley, and Parlin, N. J.; and Bristol, Pa.

43 M. C. C.

INVESTIGATION AND SUSPENSION DOCKET NO. M-2247 INCREASED COMMON CARRIER TRUCK RATES IN NEW ENGLAND

Submitted October 20, 1943. Decided November 15, 1943

Increased rates and charges of respondent common carriers by motor vehicles within New England and between certain areas in New York and New Jersey and New England found just and reasonable but not to extent proposed by respondents. Suspended schedules ordered canceled without prejudice to establishment of rates and charges in conformity with the findings, and proceeding discontinued.

Ralph H. Cahouet and Irving Malkin for respondents.

J. Hardy, F. I. Hardy, and Francis E. Nute for motor carriers and motor-carrier associations in support of respondents.

R. A. Nixon, Dewey C. Wayne, W. M. Carney, and David F. Cavers, for the Director of Economic Stabilization and the Price Administrator; Col. Elbert M. Barron and Lt. Col. Thomas E. Sands, Jr., for the Secretary of War; Capt. Jesse R. Wallace and Lt. Col. George A. Brace for the Secretary of the Navy; James K. Knudson, John S. Griffin, and Charles B. Nutting for the Department of Agriculture and the War Food Administrator.

E. G. Siedle, William H. Ott, Jr., W. G. Burnette, W. H. Day, Norris W. Ford, G. E. Mace, Harold D. Arnold, O. A. Raphael, James H. Ranney, R. F. Garen, J. H. Sturtevant, Lloyd F. Van Kleeck, Maxwell Field, Arthur E. Whittemore, Leo E. Golden, Jr., William F. Clark, John Hogan, P. F. Mullin, O. W. Sanburn, C. A. Schmidt, E. F. Cox, Richard D. Chase, and Charles J. Fagg for shippers and shippers' associations.

W. L. Thornton, Jr., for Port of New York authority and certain shipper associations, and Henry E. Foley for Boston Port Authority. Frederick W. McCarthy for rail carriers.

REPORT OF THE COMMISSION

DIVISION 3, COMMISSIONERS MILLER, PATTERSON, AND JOHNSON

BY DIVISION 3:

Exceptions were filed by the respondents and protestants to the report proposed by the examiners, and the respondents replied to the exceptions of the protestants.

By schedules filed to become effective July 5, 1943, respondents, common carriers of property by motor vehicle, proposed a general