tablish a public need for applicant's service from and to all points in these two counties since cotton mills are frequently located beyond the limits of incorporated towns and since applicant holds out to serve a territory rather than specific points. We conclude that the northern territory includes the destinations to which shipments of textile products were transported from points in the 13 North Carolina counties as described in the "grandfather" proceeding. In addition, this territory should also include the northern portion of Delaware because of the evidence of service to Wilmington. We conclude that the present and future public convenience and necessity require applicant's service in the transportation of textiles and textile products, between points in Darlington and Lancaster Counties, S. C., and points in the North, as specifically described in the appendix. As a normal adjunct of this service we shall authorize the transportation of empty returned containers or carriers and rejected shipments. Purchased operations.-In No. MC-2263 (Sub-No. 2), a certificate was issued to applicant on May 20, 1943, authorizing certain operations which had been purchased from other carriers. The authority contained in this certificate duplicates the authority granted in the “grandfather” and Sub-No. 1 proceedings to some extent. Under its present certificate, applicant is authorized to transport, among other things, general commodities, with certain exceptions, between Clover and points in North Carolina and South Carolina within 35 miles of Clover, on the one hand, and on the other, Baltimore. With respect to the "grandfather" proceeding, this authority duplicates applicant's right to transport general commodities, south-bound, from Baltimore to points in North Carolina within 35 miles of Clover and is broad enough to cover its right to transport the three classes of property, north-bound, from the foregoing points in North Carolina to Balti more. With respect to the Sub-No. 1 proceeding, it is broad enough to cover the transportation of textiles and textile products between Baltimore and those points in Lancaster County, S. C., which lie within 35 miles of Clover. These duplications will be eliminated in the certificate to be issued in these proceedings as the grant of duplicate operating rights is not contemplated under our findings herein. Findings. We find, on further hearing in No. MC-2253, that applicant's predecessor was, on June 1, 1935, and that such predecessor and applicant continuously since have been, in bona fide operation, in interstate or foreign commerce, as a common carrier by motor vehicle, over irregular routes, traversing Delaware and the District of Columbia when necessary, of the commodities from and to the points, and in the manner described in the appendix hereto; that applicant is entitled to a certificate authorizing continuance of such operations; and that the application in all other respects should be denied. We further find, in No. MC-2253 (Sub-No. 1), that the present and future public convenience and necessity require operation by ap plicant, in interstate or foreign commerce as a common carrier by mo tor vehicle, over irregular routes, of the commodities, from and to the points, and in the manner described in the appendix; that appli cant is fit, willing, and able properly to perform such service and to conform to the requirements of the act and our rules and regulations thereunder; that a certificate authorizing the described operation should be granted; and that the application in all other respects should be denied. Upon compliance by applicant with the requirements of sections 215 and 217 of the act and our rules and regulations thereunder, and upon surrender of the certificate heretofore issued in No. MC-2253. an appropriate certificate authorizing the described operations, with the afore-mentioned duplications eliminated, will be issued. An order will be entered denying the applications, except to the extent granted by our findings herein. APPENDIX Operations authorized in No. MC-2253 1. North-bound operation.-Textiles, textile products, textile machinery, textile machinery parts, and asbestos textile products, from points in Gaston, Mecklen burg, Cabarrurs, Rowan, Iredell, Alexander, Catawba, Lincoln, Caldwell, Burke, McDowell, Rutherford, and Cleveland Counties, N. C., to New York, N. Y., all points in New Jersey and Rhode Island, points in Maryland located north of the Chesapeake and Delaware Canal, west of Elk River and Chesapeake Bay on and north of U. S. Highways 40 and 340 from Baltimore through Frederick to the Potomac River, and on and east of the Potomac River and U. S Highway 11, points in Pennsylvania located on, east, and south of U. S. Highway 11 from the Maryland-Pennsylvania State line to Scranton, and on and south of U. S Highway 6 from Scranton to Matamoras, points in Connecticut on, south, and east of U. S. Highway 202, and points in Massachusetts on and east of Massa chusetts Highway 10. Empty returned containers or carriers and rejected shipments, in the reverse direction. 2. South-bound operation.-General commodities, except commodities of unusual value, those in bulk, those requiring special equipment, livestock, automo biles, dangerous explosives (other than small-arms ammunition), and house hold goods as defined in Practices of Motor Common Carriers of Household Goods. 17 M. C. C. 467, from Baltimore, Md., East Walpole, Mass., points in Pennsylvania located on, east, and south of U. S. Highway 11 from the Maryland-Pennsylvania State line to Lemoyne, and on and south of U. S. Highway 2 from Lemoyne to Easton, points in New Jersey on, south, and east of U. S. Highway 202, New York City and points in Westchester County, N. Y.. and points in Connecticut on and south of U. S. Highways 6 and Alternate 6 from the New York-Connecticut State line through Waterbury to Meriden, and on and west of U. S. Highway 5 from Meriden to New Haven, to points in Gaston, Mecklenburg, Cabarrus, Rowan Iredell, Alexander, Catawba, Lincoln, Caldwell, Burke, McDowell, Rutherford, and Cleveland Counties, N. C. Empty returned containers or carriers and rejected shipments, in the reverse direction. 3. Southern operation.—Textile machinery, textile machinery parts, empty returned containers or carriers and rejected shipments, between points in an area composed of that portion of Virginia located on and west of U. S. Highway 501 from the North Carolina-Virginia State line to Lynchburg, on and south of U. S. Highway 460 from Lynchburg to Roanoke, and on and east of U. S. Highway 221 from Roanoke to the Virginia-North Carolina State line, that portion of North Carolina on and east of U. S. Highway 221, and that portion of South Carolina on and north of U. S. Highway 76. Operation authorized in No. MC-2253 (Sub-No. 1) Textiles, textile products, empty returned containers or carriers, and rejected shipments, between points in Darlington and Lancaster Counties, S. C., on the one hand, and, on the other, New York, N. Y., all points in New Jersey and Rhode Island, points in Delaware located north of the Chesapeake and Delaware Canal, points in Maryland located north of the Chesapeake and Delaware Canal, west of Elk River and Chesapeake Bay, on and north of U. S. Highways 40 and 340 from Baltimore through Frederick to the Potomac River, and on and east of the Potomac River and U. S. Highway 11, points in Pennsylvania located on, east and south of U. S. Highway 11 from the Maryland-Pennsylvania State line to Scranton, and on and south of U. S. Highway 6 from Scranton to Matamoras, points in Connecticut on, south, and east of U. S. Highway 202, and points in Massachusetts on and east of Massachusetts Highway 10. 43 M. C. C. INVESTIGATION AND SUSPENSION DOCKET No. M-2215 Submitted October 16, 1943. Decided March 20, 1944 Proposed increased rates on airplane engines between points in the Southwest found not shown to be just and reasonable. Suspended schedules ordered canceled and proceeding discontinued. A. L. Reed, Frank C. Brooks and J. D. Hughett for respondents. Colonel Elbert M. Barron, Lieutenant Colonel Thomas E. Sands, Jr., Captain Lorenza H. Calhoun, Tom Wagley, Frederick E. Busse, George J. Burke, David F. Cavers, Haskell Donoho, Hartley C. Cutter, John H. Eisenhart, Jr., Warren Prince, Jr., and M. D. Miller for protestants. REPORT OF THE COMMISSION DIVISION 2, COMMISSIONERS AITCHISON, SPLAWN, AND ALLDREDGE BY DIVISION 2: Exceptions were filed by the respondents to the order recommended by the examiner, the Secretary of War replied, and the parties were heard in oral argument. By schedules filed to become effective March 12, 1943, respondents, motor common carriers, proposed to establish a tariff restriction which would increase their rates on airplane engines between points in the Southwest. Upon protest of the Secretary of War. the Price Administrator, and the Director of Economic Stabilization, the operation of the proposed schedules was suspended until October 12, 1943, and their effective date has been postponed indefinitely. Rates will be stated in amounts per 100 pounds. Second-class, column 75. thirdclass, column 55, and column 45 rates referred to herein are, generally, 85, 75, 70, 55, and 45 percent, respectively, of the first-class rates. The term "airplane engines" is not used in the national motor freight classification, respondents' exceptions to the classification, or in their commodity rate tariffs. The rates which apply on airplane engines in the Southwest are class rates subject to ratings in the classification on "Engines, steam or internal combustion, N. O. I.,” or exceptions ratings on "Freight, All Kinds," and commodity rates maintained by the respondents on "Freight, All Kinds." The respondents' exceptions ratings and commodity rates on "Freight, All Kinds," apply on all commodities except those contained in a list of articles on which the rates do not apply. The respondents propose to add "Airplane Engines or Motors, Internal Combustion," to the list of articles on which the all-commodity rates and exceptions ratings do not apply. This would, in general, result in the application of higher class rates on airplane engines, while the present rates and ratings would continue to apply on all other internal-combustion engines. The classification ratings on "Engines, steam or internal combustion. N. O. I.," are second class, in less than truckloads, and column 45. minimum 24,000 pounds. The respondents' present exceptions ratings on "Freight, All Kinds" are proportional ratings of third class, in less than truckloads, applicable only between certain points, and ratings having general application of columns 75 and 55, minima 12,000 and 20,000 pounds, respectively. The effect of the proposal would be to eliminate airplane engines from the application of these exceptions ratings resulting in an increase in the proportional lessthan-truckload rating from third class to the classification basis of second class, and to eliminate the ratings of columns 75 and 55, minima 12,000 and 20,000 pounds, respectively, leaving only the classification ratings of second class, in less than truckloads, and column 45, minimum 24,000 pounds, to apply on future shipments of airplane engines. For a distance of 300 miles, the proportional less-than-truckload rate would be increased from $1.10 to $1.33. For the same distance, the application of the local class rates of $1.18, minimum 12,000 pounds, and 86 cents, minimum 20,000 pounds, would be canceled, and the present class rates of $1.33, in less than truckloads, and 71 cents, minimum 24.000 pounds, would apply. The respondents' commodity rates on "Freight, All Kinds" are maintained between a relatively small number of points, and the proposed schedules would result, in general, in the application on airplane engines of higher class rates between those points. The principal movement of airplane engines over the respondents' routes is between depots and subdepots of the Army Air Forces in the Southwest. It is the position of the respondents that the transportation characteristics of these engines, particularly their values and sizes, are such that they should be subjected to rates higher than those in effect on general freight, and on other internal-combustion engines now moving in the territory. The airplane engines transported by some of the respondents were valued at $3,500 to $27,000 each; they weighed from 803 to 2,350 pounds; and measured from approximately 42 to 137 cubic feet. Ordinarily, these engines cannot be loaded in |