City. In addition, travel to and from New York City by public transportation will be stimulated because of the availability of the through service. A grant of authority to Westwood would certainly render North Boulevard's line less remunerative and result in a corresponding decrease in service to the public.

We conclude that authority should be granted to North Boulevard to operate over its proposed route, and that Westwood has failed to establish that it should be granted authority to operate over its proposed route.

North Boulevard is fit and able to perform the proposed operations. Findings. We find, in No. MC-3647 (Sub-No. 7), subject to the condition that applicant requests deletion from its present certificate in No. MC-3647 (Sub-No. 2) of authority to operate over Hudson County Boulevard, Bergenwood Road, and Dallytown Road (now Bergenwood Avenue) between the intersection of Hudson County Boulevard, Bergen Turnpike, and Thirty-second Street and the intersection of Dallytown Road and Fairview Avenue, that present and future public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, over the route and between the points as described in paragraph A of the appendix hereto, serving all intermediate points.

We further find, in Nos. MC-3699 (Sub-No. 3) and MC-3700 (SubNo. 3), that present and future public convenience require operation by Manhattan Coach Lines, Inc., or by Manhattan Transit Company, but not by both, as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express and newspapers in the same vehicle with passengers, over the regular route described in paragraph B of the appendix, for operating convenience only, serving no intermediate points.

We further find, in Nos. MC-3701 (Sub-No. 3) and MC-3705 (SubNo. 3) that present and future public convenience and necessity require operation by Westwood Transportation Company or by Westwood Transportation Lines, Inc., but not by both, as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, and of express and newspapers in the same vehicle with passengers, over route 1 of paragraph C of the appendix, for operating convenience only, with no service at intermediate points. We further find, in No. MC-13492 (Sub-No. 4), that present and future public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of passengers and their baggage, between the points and over the route described in paragraph D of the appendix, serving all intermediate points.

We further find, in Nos. MC-3699 (Sub-No. 3) and 3700 (Sub-No. 3), that Manhattan Coach Lines, Inc., or Manhattan Transit Company, and in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3), that Westwood Transportation Company or Westwood Transportation Lines, Inc., should be authorized to transport mail in the same vehicle with passengers in connection with the operations authorized. We further find in the above-described proceedings that the respective applicants are fit, willing, and able properly to perform the operations found to be required, and to conform to the requirements of the Interstate Commerce Act and our rules and regulations thereunder; and that certificates should be granted to the respective applicants, subject to the conditions described below.

Within 60 days from the date hereof applicants in Nos. MC-3699 (Sub-No. 3) and MC-3700 (Sub-No. 3) and in Nos. MC-3701 (Sub-No. 3) and MC-3705 (Sub-No. 3) will be expected to make an election as to which of them shall receive the certificates to be issued, and shall notify the Commission thereof in writing.

Upon compliance by the respective applicants with the requirements of sections 215 and 217 of the act, our rules and regulations thereunder, and the requirement of election described above, appropriate certificates will be issued. An order will be entered denying the applications except to the extent granted.

PATTERSON, Chairman, concurring in part:

I agree with the grant of authority in this proceeding by the majority, so far as it goes, but in my opinion the record justifies granting the applications in their entirety.

APPENDIX

Applications embraced in this report and the routes for which authority is sought therein

(A) No. MC-3647 (Sub.-No. 7).-Between the intersection of Broad and Fairview Avenues, in Fairview, N. J., and the intersection of Bergen Turnpike, Hudson County Boulevard, and Thirty-second Street, at the North Bergen-Union City, N. J., line, over Broad Avenue, in Fairview, to Tonnelle Avenue, in North Bergen, thence over Tonnelle Avenue to Bergen Turnpike, and thence over Bergen Turnpike to the intersection of Hudson County Boulevard and Thirtysecond Street, and return, serving all intermediate points.

(B) No. MC-3699 (Sub-No. 3) and No. MC-3700 (Sub-No. 3).-Between Fairview, N. J., and Weehawken, N. J., over a regular route as follows: From the junction of Broad Avenue and Fairview Avenue in Fairview, along Board Avenue to North Bergen, N. J., thence along Tonnelle Avenue (New Jersey Highway 1), Tonnelle Circle, Penhorn Avenue (New Jersey Highway 3), Depressed Highway entrance ramp, Depressed Highway to Union City, N. J., thence along Depressed Highway and Marginal Street South ramp to Weehawken (or from the junction of Depressed Highway and the Marginal Street South

ramp, along the Elevated Highway loop to Weehawken, thence along the Elevated Highway loop to the Lincoln Tunnel Plaza in Weehawken, thence over Marginal Street South (Thirtieth Street) to the junction of Marginal Street South and Hudson County Boulevard East in Weehawken, and return from junction Hudson County Boulevard East and Marginal Street North in Weehawken, along Marginal Street North (Thirty-first Street) to Union City (or from the Lincoln Tunnel Plaza in Weehawken, along the Elevated Highway loop to Union City, thence along the Elevated Highway loop to the junction of the Depressed Highway and Marginal Street, North ramp, in Union City), thence along Marginal Street North, Depressed Highway ramp, and Depressed Highway to North Bergen, thence along Depressed Highway, Tonnelle Avenue ramp, and Tonnelle Avenue (New Jersey Highway 1) to Fairview, thence along Broad Avenue to its junction with Fairview Avenue in Fairview, with service to and from all intermediate points, and also over such route for express service or operating convenience.

(C) No. MC-3701 (Sub-No. 3) and No. MC-3705 (Sub-No. 3).-Route 1, same as that sought by the Manhattan Companies described above.

Route 2, between Palisades Park and Fairview, N. J., as follows: From the intersection of Columbia and Broad Avenues, in Palisades Park over Columbia Avenue and Grantwood Boulevard to Fort Lee, N. J., thence over Columbia Avenue and Bergen Boulevard to Ridgefield, N. J., thence along Bergen Boulevard (New Jersey Highway S-1) to Fairview, N. J., and thence over Bergen Boulevard and Harding Place to the intersection of Harding Place and Fairview Avenue, and return, serving all intermediate points.

Route 3, between Ridgefield Park and Hackensack, N. J., as follows: From the junction of Winant Avenue and Hille Place in Ridgefield Park, N. J., along Winant Avenue (New Jersey Route 6) and Main Street to Bogota, N. J.; thence along Queen Anne Road to Teaneck, N. J.; thence along Queen Anne Road and Cedar Lane to Hackensack, N. J.; thence along Anderson Street to the junction of Anderson and Main Streets in Hackensack, N. J., and return over the same route to the junction of Winant Avenue and Truitt Street in Ridgefield Park, N. J., serving all intermediate points.

(D) No. MC-13492 (Sub-No. 4).-Between North Bergen and Fort Lee, N. J., as follows: From the junction of Hudson County Boulevard and Bergen Boulevard in North Bergen over Bergen Boulevard (New Jersey Highway S−1), through Fairview, and Ridgefield, to its junction with New Jersey Highway S-1 and Bergen Boulevard at the Ridgefield Park-Fort Lee line, thence over New Jersey Highway S-1 to its junction with New Jersey Highway 6, thence over New Jersey Highway 6 to its junction with New Jersey Highway 4, thence over New Jersey Highway to the George Washington Bridge Plaza, thence over Bridge Plaza South, Lemoine Avenue, Bridge Plaza North, and New Jersey Highways 4 and 6 to applicant's terminal at the George Washington Bridge Plaza; and return over New Jersey Highways 4, 6, and S-1, and Bergen Boulevard as described above to North Bergen; serving all intermediate points.

43 M. C. C.

INVESTIGATION AND SUSPENSION DOCKET No. M-22981 BOOTS, SHOES, AND PAINTS IN NEW ENGLAND

Submitted March 30, 1944. Decided July 27, 1944

1. Proposed changed motor common carrier rates, resulting generally in increases, on boots and shoes, and related articles, between points in New England, and between points in New England and points in eastern New York and northeastern New Jersey, found unjust and unreasonable.

2. Proposed cancelation of motor common carrier commodity rates on boot-andshoe-factory supplies between points in Massachusetts and points in Maine found just and reasonable.

3. Proposed increased motor common carrier classification-exceptions rating and rates on paints and paint materials, in glass containers, between points in New England, and between New England and eastern New York and northeastern New Jersey, found unjust and unreasonable.

4 Order entered requiring cancelation of the proposed schedules to the extent found unlawful, and discontinuing proceedings, without prejudice to the filing of new schedules in conformity with views expressed.

Ralph H. Cahouet, I. C. Bailey, Francis E. Barrett, and Oliver C. Peterson for respondents and motor-carrier associations.

J. E. Hardy for a motor carrier in support of respondents. Warren Price, Jr., Dewey C. Wayne, and Daniel Matthews for the Director of Economic Stabilization and Price Administrator.

Captain Benjamin H. Long for the Secretary of War.

A. W. Whittemore, Maxwell Field, Julius E. Muller, Robert H. Adams, Harold C. Brewer, Kenneth J. McAuliffe, Harvey S. Farrow, John J. A. Winzenried, and B. H. Taylor for shippers and shippers' associations,

REPORT OF THE COMMISSION

DIVISION 2, COMMISSIONERS AITCHISON, SPLAWN, AND ALLDREDGE BY DIVISION 2:

Exceptions to the recommended order of the examiner were filed by the respondents, and the Director of Economic Stabilization and Price Administrator replied. Our conclusions differ in some respects from those recommended. These proceedings were heard on a consolidated record, and will be considered in a single report.

In the title proceeding, by schedules filed to become effective September 13, 1943, motor common carriers parties to certain tariffs of

This report also embraces I. and S. Docket No. M-2308, Boots and Shoes from New England Points to New York.

The New England Motor Rate Bureau, Inc., the New Hampshire Motor Rate Bureau, and the Maine Motor Rate Bureau, proposed changes, resulting generally in increases in the rates and minimum charges per shipment on boots and shoes, and related articles, and on boot-and-shoe-factory supplies, and increased rates and an increased classification-exceptions rating on paints and paint materials, in glass containers, between points in New England, and between points in New England and points in eastern New York and northeastern New Jersey. Upon protests of the Secretary of War, the Director of Economic Stabilization, the Price Administrator, Panther-Panco Rubber Co., Inc., New England Shoe and Leather Association, and the Auburn Shoe Manufacturers Association, operation of the schedules was suspended until April 13, 1944.

In Investigation and Suspension Docket No. M-2303, by schedules filed to become effective September 24, 1943, the Boston and Maine Transportation Company and Stone's Express Incorporated, motor common carriers, proposed similar changes in their rates on boots and shoes, and related articles, between points in New England and New York, N. Y. Upon protests of the Director of Economic Stabilization and the Price Administrator, operation of the schedules was suspended until April 24, 1944.

The respondents in both proceedings have postponed the effective dates of the suspended schedules to August 1, 1944. Rates will be stated in amounts per 100 pounds, and do not include the general increase of approximately 4 percent which was approved in Increased Common Carrier Truck Rates in New England, 43 M. C. C. 13.

The suspended schedules apply generally within the territory described in appendix A to the report in New England Motor Carrier Rates, 8 M. C. C. 287. In that proceeding, minimum reasonable class and commodity rates, and ratings, were prescribed and, generally speaking, those rates plus the general increase of March 1942, are now maintained by the respondents. On November 1, 1943, the orders previously entered in New England Motor Carrier Rates, supra, were vacated and set aside, and that proceeding was discontinued respecting all issues therein except those relating to class rates, classifications, and rules, regulations, and practices relating to the transportation of shipments of freight at class rates.

For rate-making purposes, the respondents have divided Boston. Mass., into three zones. For convenience of discussion this report does not indicate the particular zones from and to which the rates apply. In most instances, however, the class rates and the proposed commodity rates from and to Boston referred to herein are those to and from Boston zone 1, which includes the Boston postal districts of Back Bay, Charlestown, East Boston, South Boston, and a part of