thereof, Altoona, Harrisburg, Easton, and Barnesboro, Pa.; that applicant is fit, willing, and able properly to perform such services and to conform to the requirements of the act and with our rules and regulations thereunder; that an appropriate certificate authorizing such operations should be issued; and that in all other respects the application should be denied.

Upon compliance by applicant with the requirements of sections 215 and 217 of the act, and with our rules and regulations thereunder, and after the lapse of 30 days as hereinbefore provided, an appropriate certificate will be issued. An appropriate order will be entered.

APPENDIX

Authority sought

General commodities, except articles of unusual value, high explosives, commodities requiring special equipment, household goods, and commodities injurious or contaminating to other lading: (a) From points on routes 1 and 2 described below and Barnesville, Ohio, to points on routes 3, 4, 5, 6, 7, and 8, also described below, Sparrows Point, Md., and points within 30 miles of either New York, N. Y., or Philadelphia, Pa.; and (b) from points on routes 3, 4, 5, 6, 7, and 8, and described off-route points to points within 80 miles of Wheeling, W. Va., over such routes and over irregular routes.

Route 1, between East Liverpool and Fly, Ohio: From East Liverpool to Fly, Ohio Highway 7, and return over same route.

Route 2, between Chester and Sistersville, W. Va.: From Chester to Sistersville, over West Virginia Highway 2, and return over the same route.

Serving all intermediate points on routes 1 and 2 and Barnesville, Ohio, as an off-route point.

Route 3, between Bridgeport, Ohio, and Philadelphia, Pa.: From Bridgeport, to Washington, Pa., over U. S. Highway 40; thence over U. S. Highway 19 to Pittsburgh, Pa.; thence over U. S. Highway 30 to Ligonier, Pa.; Thence over Pennsylvania Highway 711 to its junction with Pennsylvania Highway 56;, thence over Pennsylvania Highway 56 to its junction with U. S. Highway 22; thence over U. S. Highway 22 to Harrisburg, Pa.; thence over U. S. Highway 230 to Lancaster, Pa.; thence over U. S. Highway 30 to Philadelphia, Pa., and return over the same route.

Serving all intermediate points and also points within 30 miles of Philadelphia, Pa., as either intermediate or off-route points.

Route 4, between Bridgeport, Ohio, and Baltimore Md.: From Bridgeport, Ohio to Washington, Pa., over U. S. Highway 40; thence over U. S. Highway 19 to Pittsburgh, Pa.; thence over U. S. Highway 30 to Breezewood, Pa.; thence over Pennsylvania Highway 126 to its junction with Pennsylvania Highway 226; thence over Pennsylvania Highway 226 to its junction with U. S. Highway 522; thence over U. S. Highway 522 to Hancock, Md; thence over U. S. Highway 40 to Baltimore, Md., and return over the same route.

Serving all intermediate points and Sparrows Point, Md., as an off-route point.

Route 5, between Wheeling, W. Va., and New York, N. Y.: From Wheeling, W. Va., to Weirton, W. Va., over West Virginia Highway 2; thence over U. S. Highway 22 to New York, N. Y., and return over the same route.

Serving all intermediate points and points within 30 miles of New York, N. Y., as intermediate or off-route points.

Route 6, between Bridgeport, Ohio, and Washington, D. C.: From Bridgeport, Ohio, to Hancock, Md., in the same manner as provided in route 4 herein; thence over U. S. Highway 40 to Frederick, Md.; thence over U. S. Highway 240 to Washington, D. C., and return over the same route.

Serving all intermediate points and also points within 80 miles of Wheeling, W. Va., as off route points limited to west-bound traffic only, from all points on routes 3, 4, 5, and 6 above.

Route 7, between Washington, D. C., and New York, N. Y.: From Washington, D. C., to Baltimore, Md., over U. S. Highway 1; thence over U. S. Highway 40 to its junction with U. S. Highway 13; thence over U. S. Highway 13 to Philadelphia, Pa.; thence over U. S. Highway 1 to New York, N. Y. NOTE: No local service is to be performed on this route. Points thereon will be served only when the origin or destination is located on route 1, 2, 3, 4, 5, or 6 above. It will be used mainly for the purpose of deadheading equipment from one point to another.

Route 8, between Baltimore, Md., and Lancaster, Pa.: From Baltimore, Md., over U. S. Highway 1 to its junction with U. S. Highway 222; thence over U. S. Highway 222 to Lancaster, Pa. NOTE: No local service will be performed on this route. It will be used for deadheading equipment only.

Description of Irregular Routes

Between points and places on routes 1 and 2, as described above (including the off-route point of Barnesville, Ohio), on the one hand, and, on the other, points and places in the State of Ohio, the State of Indiana on and east of U. S. Highway 31, the State of West Virginia on the north of U. S. Highway 60, the State of Kentucky limited to points located on the Ohio River between Louisville, Ky., and Catlettsburg, Ky., both points included, the State of New York on and west of a line following U. S. Highway 15 from Rochester to Wayland, thence over New York Highway 245 to Dansville, thence over New York Highway 36 to Hornell, thence over New York Highway 17-F to Andover, thence over New York Highway 17 to the New York-Pennsylvania State line, the state of Pennsylvania on and west of U. S. Highway 219 from the Pennsylvania-New York State line to the Pennsylvania-Maryland State line.

43 M. C. C.

No. MC-523831

BEKINS VAN AND STORAGE COMPANY COMMON
CARRIER APPLICATION

Submitted April 28, 1941. Decided June 7, 1944

1. In Nos. MC-52383, MC-11945, and MC-42227, operations of Bekins Van and Storage Company, Bekins Van Lines, Inc., and Bekins Van & Storage, Inc., found to be those of a common carrier by motor vehicle conducted under common control and ownership for which one certificate should be granted. 2 Bekins Van and Storage Company, Bekins Van Lines, Inc., or Bekins Van & Storage, Inc., found entitled to continue operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of general commodities, with exceptions, and of specified commodities from or to certain points or territory in California, over irregular routes, by reason of its having been engaged in such operation on and continuously since June 1, 1935.

3. In No. MC-78063, applicant found to have been engaged on June 1, 1935, and continuously since, in bona fide operation, in interstate or foreign commerce, as a common carrier by motor vehicle of household goods between points in Texas, over irregular routes.

4. In Nos. MC-35979 and MC-84692, operations of Melvin Bekins and Paul Bekins and of Bekins Van & Storage Company found to be those of a common carrier by motor vehicle conducted under common control and ownership for which one certificate should be granted.

5. Melvin Bekins and Paul Bekins or Bekins Van & Storage Company found entitled to continue operation as a common carrier by motor vehicle of general commodities, with exceptions, and of specified commodities, from or to certain points or territory in Iowa, Nebraska, and South Dakota, over irregular routes, by reason of its having been engaged in such operation on and continuously since June 1, 1935.

6. In Nos. MC-52793, MC-52793 (Sub-No. 4), MC-52793 (Sub-No. 5), and MC-52793 (Sub-No. 6), Bekins Van Lines Co., as successor in interest in part to certain applicants in these proceedings, found entitled to a certificate under the "grandfather" clause of section 206 (a) of the Interstate Commerce Act, as a common carrier by motor vehicle of household goods, between points in specified States and the District of Columbia,

This report also embraces No. MC-11945, Bekins Van Lines, Inc., Common Carrier Application; No. MC-35979, Melvin Bekins and Paul Bekins Common Carrier Application; No. MC-42227, Bekins Van & Storage, Inc., Common Carrier Application; No. MC-78063, Robert Q. Bekins Common Carrier Application; No. MC-84692, Bekins Van & Storage Company Common Carrier Application; and Nos. MC-52793, MC-52793 (Sub-No. 4), MC-52793 (Sub-No. 5), and MC-52793 (Sub-No. 6) Bekins Van Lines Co., (successor in interest in part to certain of the applicants herein, as explained in the text of the report) Common Carrier Applications. No. MC-52793 and the three subnumbers under that application are the numbers assigned to those parts of certain applications, as explained in the text of the report, covering the rights purchased by Bekins Van Lines Co., pursuant to the findings in Bekins Van Lines Co.-Purchase-Bekins Van Lines, Inc., 35 M. C. C. 801, and 36 M. C. C. 277.

over irregular routes, by reason of its or its predecessor's having been engaged in such operations on and continuously since June 1, 1935.

7. Issuance of certificates approved upon compliance with certain conditions, and applications in all other respects denied.

Melvin Bekins, Robert Q. Bekins, and Daniel P. Bryant for applicants.

Edward S. Brashears, B. A. White, Fred N. Bigelow, Delancey C. Smith, Murray Draper, Walter Rowson, Herbert L. Smith, Louis E. Smith, George D. Sullivan, B. C. Brile, R. L. Hafer, S. E. Gregory, Weldon A. Dayton, and Douglas Brookman for protestants.

REPORT OF THE COMMISSION

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

These proceedings involve related issues and will be disposed of in one report. The title proceeding and Nos. MC-11945 and MC-42227 were heard upon a consolidated record and were the subject of a single report and recommended order by an examiner, to which applicants in the title proceeding and in No. MC-42227 filed exceptions. Nos. MC-35979 and MC-84692 were heard separately but were the subject of a single report and recommended order by an examiner, to which applicants and a motor carrier protestant filed exceptions. Exceptions were filed by a motor-carrier protestant to the recommended order of the examiner in No. MC-78063, and applicant replied. Our conclusions differ somewhat from those recommended.

3

2

By application No. MC-52383, filed February 10, 1936, Bekins Van and Storage Company, a corporation, hereinafter called the Storage Company, of Los Angeles, Calif., seeks a certificate of public convenience and necessity authorizing continuance of operation, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities between all points in California, over irregular routes.

By application No. MC-11945, filed February 10, 1936, as amended, Bekins Van Lines, Inc., hereinafter called the California Company, of Los Angeles, seeks a certificate of public convenience and necessity (see footnote 3) authorizing continuance of operation, in interstate or foreign commerce, as a common carrier by motor vehicle of household goods between all points in the United States, over irregular routes.

The order recommended by the examiner also included No. MC-18303, Melvin Bekins and Paul Bekins Broker Application, and No. MC-18304, Bekins Van & Storage Company Broker Application. These two applications are not considered herein, but will be disposed of in a separate proceeding.

Under the "grandfather" clause of section 206 (a) of the Interstate Commerce Act. The term "household goods" as used in this report means household goods as defined in Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467.

By application No. MC-35979, filed February 10, 1936, Melvin Bekins and Paul Bekins, doing business as Bekins Van & Storage Company, of Omaha, Nebr., hereinafter called the Omaha Company, seek a certificate of public convenience and necessity (see footnote 3) authorizing continuance of operation, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities, with certain exceptions, between all points in the United States, over irregular routes.

By application No. MC-42227, filed February 10, 1936, Bekins Van & Storage, Inc., hereinafter called Bekins Van, of Santa Barbara, Calif., seeks a certificate of public convenience and necessity (see footnote 3) authorizing continuance of operation, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities between all points in California, over irreglar routes.

By application No. MC-78063 filed February 11, 1936, as amended, Robert Q. Bekins, of Dallas, Tex., doing business as Bekins Van & Storage Co., seeks a certificate of public convenience and necessity (see footnote 3) authorizing continuance of operation, in interstate or foreign commerce, as a common carrier by motor vehicle of household goods between points in Alabama, Arizona, Arkansas, California, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, Wisconsin, and the District of Columbia, over irregular

routes.

By application No. MC-84692 filed February 10, 1936, Bekins Van & Storage Company, a corporation, of Sioux City, Iowa, hereinafter called the Iowa Company, seeks a certificate of public convenience and necessity (see footnote 3) authorizing continuance of operation, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities, with certain exceptions, between all points in the United States, over irregular routes.

Certain rail and motor carriers oppose the applications.

The operations of all the applicants herein were instituted long prior to June 1, 1935, and each application will be considered separately. Before so doing, however, certain general matters will be discussed.

Since prior to June 1, 1935, Robert Bekins, the Omaha Company, and the Iowa Company have been hauling agents of Allied Van Lines, Inc., hereinafter called Allied, a national association of motor carriers engaged in the transportation of household goods. The details of the arrangements between them and Allied need not be reviewed here. It is sufficient to state that each of these three applicants was both a hauling and a nonhauling agent of Allied, and that in all essential