respects the arrangements between each of them and Allied appear to have been the same as those considered in Hillier Storage Co. Common Carrier Application, 42 M. C. C. 185. In that proceeding, we found that the motor-carrier operations physically performed by an Allied hauling agent were, so far as affects the "grandfather" rights of the parties, the operations of the agent. A like conclusion is warranted here.

Since prior to the statutory date an arrangement similar to that existing between Allied members was in effect between various organizations of the Bekins family located in California, Washington, Oregon, and Nebraska. In addition, in February 1937, an interchange of equipment agreement was entered into by Robert Bekins with the California Company in respect of traffic between Texas and California. Trailers were interchanged at a predetermined time and place, and each tractor with the other carrier's trailer attached would return in the direction from which it came. However, when the California Company had no east-bound traffic, Robert Bekins performed the entire west-bound trip. Return loads also were obtained by him through the California Company.

The Storage Company owns all of the stock of the California Company and 50 percent of the stock of Bekins Van. Generally these three applicants have common officers. Each maintains its own equipment and conducts its own operations. Although the operations of the Storage Company and of Bekins Van are conducted wholly within California, a portion of the operations consists of transportation of shipments which originate at, or are destined to, points outside the State. The Iowa Company is wholly owned and controlled by the Omaha Company. Robert Bekins' operations are entirely independent from the other Bekins' interests in that he neither controls, nor is controlled by, any of the other Bekins companies. For reasons hereinafter discussed, no duplicating authority will be granted to any of the several companies which we find are operated under common control or ownership.

Subsequent to the hearings herein, Bekins Van Lines Co., a corporation, of Omaha, hereinafter called the Successor Corporation, purchased, among other things, all of the claimed operating rights to transport household goods, of applicants in Nos. MC-11945, MC35979, MC-78063, and MC-84692. with certain exceptions hereinafter discussed, 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. Thereafter, Nos. MC-52793. MC-52793 (Sub-No. 5), MC-52793 (SubNo. 6) and MC-52793 (Sub-No. 4), respectively, were assigned to cover those portions of the rights so purchased. Applicant in No. MC-11945 retained claimed operating rights between points in Cali

fornia; applicants in No. MC-35979 retained claimed operating rights between points in Nebraska and those in Iowa within 50 miles of Omaha; applicant in No. MC-78063 retained claimed operating rights between points in Texas; and applicant in No. MC-84692 retained claimed operating rights between points in Iowa and points in South Dakota and Nebraska within 50 miles of Sioux City. Other rights, if any, to which these four applicants would be entitled will be granted to the Successor Corporation with duplications eliminated. Further, it is not necessary to discuss herein operations to and from points in certain States claimed by the Successor Corporation by virtue of the operations conducted by applicants herein, as the Successor Corporation now holds a certificate issued on March 16, 1943, pursuant to the findings in Bekins Moving & Storage Co. Ext.-Pacific Northwest, 34 M. C. C. 221, to operate in such States. This certificate authorizes the Successor Corporation to transport household goods, over irregular routes, between points in Colorado, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming, except between points in Washington within 50 miles of Portland, Oreg., on the one hand, and, on the other, Portland, and except between points in Idaho within 50 miles of Spokane, Wash., on the one hand, and, on the other, Spokane.

No. MC-52383.-In the report and recommended order of the examiner, it was proposed to grant the Storage Company a "grandfather" certificate to continue operations as a common carrier by motor vehicle, in interstate or foreign commerce, over irregular routes, of (1) household goods between points in California, (2) cereal from points in Fresno County, Calif., to Fresno, Calif., and (3) general commodities, with the exceptions set forth in our findings herein, within San Diego, Calif., and between Los Angeles Harbor points and Los Angeles, Calif. The Storage Company's only objection to the authority recommended by the examiner pertains to enlarging the territory with respect to general commodities to include all points in the Los Angeles commercial zone and the Los Angeles Harbor commercial zone as defined in Los Angeles, Calif., Commercial Zone, 3 M. C. C. 248.

Since prior to June 1, 1935, the Storage Company has transported numerous interstate or foreign shipments of household goods between many California points, and cereal from points in Fresno County to Fresno, and, therefore, authority to continue such operations will be granted. It also has performed collection and delivery services, in connection with interstate shipments, on and subsequent to the statutory date, within San Diego for a freight forwarder which pays the Storage Company for services rendered.

Section 202 (c) (2) of the Interstate Commerce Act, as amended, provides, among other things, that part II thereof shall not apply to transportation by motor vehicle by any person "for" a common carrier by railroad or an express company subject to part I, a motor carrier subject to part II, a water carrier subject to part III, or a freight forwarder subject to part IV, in the performance, within the "terminal areas" of such carriers or freight forwarders, of transfer, collection, or delivery services.

Apparently the operations at San Diego were performed within the terminal area of the freight forwarder and are within the exemption provided in section 202 (c) (2).

There is no question but that authority should be granted to transport general commodities, with exceptions, in interstate or foreign commerce, between Los Angeles Harbor and Los Angeles as such operations have been performed since prior to the statutory date. As heretofore stated, authority is sought to serve all points in the commercial zones as defined in Los Angeles, Calif., Commercial Zone, supra. Within the exterior corporate limits of Los Angeles there are certain unincorporated county areas. In one of these county areas is located one of the Storage Company's warehouses. Some shipments are transported between this warehouse and Los Angeles Harbor points. Unquestionably, there has been a holding out to transport shipments to and from the commercial zones since prior to the statutory date. In the circumstances, we are of the opinion that authority to operate to and from these commercial zones should be granted.

Nos. MC-11945 and MC-52793.-In the report and recommended order of the examiner in No. MC-11945, to which no exceptions were filed, it was proposed to grant the California Company a "grandfather" certificate to continue operations as a common carrier by motor vehicle of household goods between points in Arizona, California, Nevada, New Mexico, Oregon, and Texas, over irregular

routes.

Consideration has been given to the entire record in No. MC-11945 and, in our opinion, the evidence warrants the granting of the authority outlined above. Accordingly, the Successor Corporation will be authorized to operate between points in Arizona, New Mexico, and Texas. Rights to operate between California points will be hereinafter discussed.

No. MC-42227.-In the report and recommended order of the examiner, it was proposed to grant Bekins Van a "grandfather" certificate to continue operations as a common carrier by motor ve

The Successor Corporation now holds a certificate, authorizing operations in Nevada and Oregon and, therefore, these States need not be further considered herein.

hicle, in interstate or foreign commerce, over irregular routes, of (1) Christmas trees in seasonal operation during the month of December each year from Santa Barbara to points in Santa Barbara and Ventura Counties, Calif., within 15 and 60 miles, respectively, of Santa Barbara, and (2) household goods between Santa Barbara, on the one hand, and, on the other, points within 30 miles thereof, and between that territory, on the one hand, and, on the other, Los Angeles Harbor points.

On exceptions, Bekins Van contends that, in addition to authority recommended by the examiner, it is entitled to transport (1) household goods within Santa Barbara, and between points within 40 miles of Santa Barbara, including Santa Barbara, on the one hand, and, on the other, points within 125 miles of Santa Barbara, and (2) general commodities between points within 40 miles of Santa Barbara, including Santa Barbara, and between such points, on the one hand, and, on the other, points within 60 miles of Santa Barbara not served by rail carriers.

In support of its claim, Bekins Van submitted in evidence an abstract of shipments from 1929 through September 1939, said to be representative of its operations. In addition, its secretary, employed since some time in 1936, testified. Under the "grandfather" clause, an applicant is only entitled to a certificate to continue the operations in which it was engaged on June 1, 1935, and continuously since. In determining "grandfather" rights, we may consider transportation performed for a reasonable period prior to the critical date. In this proceeding, we believe that the transportation regularly performed during the period from Januay 1, 1934, through June 1, 1935, may be deemed that in which it was engaged on June 1, 1935.

The interstate shipments transported by Bekins Van are received from or delivered to rail, motor, or water carriers, but are not transported under any common control, management, or arrangement for through transportation with such carriers. Section 203 (b) (8) of the act exempts from the certificate and permit requirements of the act, among other things, the transportation of property wholly within a municipality, except when such transportation is performed under a common control, management, or arrangement for a continuous carriage or shipment to or from a point without such municipality. The interstate transportation performed within Santa Barbara is, therefore, exempt to the extent indicated in section 203 (b) (8) of the act, and will not be further discussed herein.

Since prior to June 1, 1935, Christmas trees have been transported, during the month of December each year, from Santa Barbara to points in Santa Barbara and Ventura Counties within 15 and 60

miles, respectively, of Santa Barbara, and, therefore, authority to continue such operations will be granted.

Bekins Van contends that since prior to the statutory date it has held itself out to serve and has served the general public as a common carrier of general commodities, with certain exceptions. It was listed in telephone directories, advertised in newspapers, and by letters and pamphlet. It also solicited through its salesmen.

Since prior to the statutory date. Bekins Van has transported numerous shipments of household goods between Santa Barbara, on the one hand, and, on the other, various points within 30 miles of Santa Barbara, such as Carpinteria, Gaviota, Goleta, Monticello, Ojai, and Summerland, and also between these points, on the one hand, and, on the other, Los Angeles and Los Angeles Harbor. In addition, since prior to June 1, 1935, shipments of unrelated articles, such as fruits, groceries, machinery, plumbing equipment and fixtures, soap, toilet preparations, and wines and liquors, have been transported between Santa Barbara and points within 30 miles thereof, as well as between that territory, on the one hand, and, on the other, Los Angeles and Los Angeles Harbor. However, Los Angeles and Los Angeles Harbor are not within the territory in which Bekins Van desires to operate as a common carrier of general commodities.

The burden of proof rests upon an applicant to establish the nature, scope, and continuity of operations which it is claiming under the "grandfather" clause of the act. This burden is not discharged by a mere showing of holding out to conduct a general commodity service, unless accompanied by evidence of actual operations consistent therewith. We are of the opinion that authority should be granted to continue operations as a common carrier of general commodities. with certain exceptions, between Santa Barbara, on the one hand, and, on the other, points within 30 miles thereof, and of household goods between Santa Barbara and points within 30 miles thereof, on the one hand, and, on the other, points in Los Angeles and Los Angeles Harbor zones. No specific routes have been used in performing these operations. Therefore, operations over irregular routes will be authorized.

As previously noted, the California Company and Bekins Van are owned or controlled by the Storage Company. In a number of cases, we have found that where two or more applicants, engaged in what would appear to be separate operations but having common owners, are in reality conducting but one business, they are entitled only to one operating authority. See Interstate Van Lines, Inc., Common Carrier Application, 42 M. C. C. 663. A similar situation