ers. It asserts that these commodities are not so used and that the commodity description should, therefore, be changed to authorize the transportation of crude rubber and gums as items separate and distinct from commodities used in the manufacture of chemicals and fertilizers. We are reopening the proceeding upon applicant's petition for the purpose of giving further consideration to this matter. An examination of the record shows that the commodity description referred to, which was used in the prior reports in 17 M. C. C. 349 and 22 M. C. C. 425, does not accurately describe the operating authority which it was intended to grant and to which applicant is entitled by reason of continuous operation since prior to July 1, 1935, in that it authorizes the transportation of crude rubber and gums only when such commodities are to be used in the manufacture of chemicals and fertilizers. On reconsideration, we find that the prior reports and orders in 17 M. C. C. 349 and 22 M. C. C. 425 should be, and they are hereby, modified so as to authorize applicant to operate in interstate or foreign commerce as a contract carrier by motor vehicle of chemicals and fertilizers, and materials used in the manufacture thereof, and crude rubber and gums, between points in New York City; Dutchess, Nassau, Orange, Rockland, and Westchester Counties, N. Y.; Bergen, Essex, Hudson, Passaic, and Union Counties, N. J.; that portion of Middlesex County, N. J., north of the Raritan River; Bound Brook, N. J.; and Greenwich, Conn.; and between Whippany, N. J., on the one hand, and the New York points named above, on the other; over irregular routes; and it is so ordered. COMMISSIONER LEE was necessarily absent and did not participate in the disposition of this proceeding. 29 M. C. C. No. MC-11618 (SUB-No. 1)1 ALCO EXPRESS COMPANY, INCORPORATED, COMMON AND MIDDLE CARRIER EXTENSION-SUFFERN Decided June 2, 1941 On reconsideration, findings in prior reports, 8 M. C. C. 443 and 18 M. C. C. 806, modified so as to authorize applicant to operate as a common carrier by motor vehicle of garments and cut goods, together with trimmings, clips, clasps, and other articles utilized in the manufacture of garments, from New York, N. Y., and Union City, N. J., to specified points in New York, and of finished garments from such points to New York City and Union City. Herman B. J. Weckstein for applicant. Other appearances shown in prior reports. REPORT AND ORDER OF THE COMMISSION ON RECONSIDERATION DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON BY DIVISION 5: In Alco Exp. Co., Inc., Com. Car. Extension-Suffern, N. Y., 8 M. C. C. 443, Alco Express Company, Incorporated, of Union City, N. J., was granted a certificate to operate as a common carrier of women's and children's garments over specified routes between Union City, N. J., on the one hand, and Suffern and Middletown, N. Y., on the other hand. The certificate was issued February 16, 1939. In Alco Exp. Co. Ext.-Orange, Ulster, Sullivan Counties, N. Y., 18 M. C. C. 806, the same applicant was granted a certificate to operate as a common carrier by motor vehicle of women's and children's garments over iregular routes through New Jersey, between New York City, on the one hand, and points in Orange, Ulster, and Sullivan Counties, N. Y., on the other hand. The certificate was issued December 15, 1939. On petition of applicant, these matters are hereby reopened for reconsideration on the present record. In its petition applicant requests that the certificates be amended to authorize the transportation of women's and children's garments, and cut and uncut goods, together with trimmings, clips, clasps, and any other articles, only 1 This report also embraces No. MC-11618 (Sub-No. 2), Alco Express Company Extension of Operations-Orange, Ulster, and Sullivan Counties, N. Y. when such items are to be utilized in the manufacture of garments which the carrier is herein authorized to transport. A further review of the records in these cases discloses that the commodities transported from New York City and Union City by applicant are piece goods which have been cut preliminary to the manufacture of wearing apparel and the accessories incidental to such manufacture. These cut dress goods with trimmings, clips, clasps, and other articles to be utilized in the manufacture of finished garments are shipped to the destinations where the finished garments are manufactured. On return trips to New York City and Union City, the finished garments are transported. The evidence in the present record does not indicate that applicant desired authority to transport uncut dress goods or that there was any demand or need for applicant's services as a carrier of uncut dress goods. The cut dress goods and the finished garments are transported in specially constructed dustproof vehicles and are loaded into the vehicles on garment hangers or in baskets. There is no evidence that such equipment is necessary for the transportation of uncut dress goods. Such materials are in bolts which can be wrapped securely and handled in the usual equipment operated by common carriers of general commodities. The petition must be denied to the extent that authority is sought to transport uncut goods. On reconsideration, we find that the prior reports and orders herein should be, and they are hereby, amended so as to authorize applicant to operate as a common carrier by motor vehicle in interstate or foreign commerce of garments and cut goods, together with trimmings, clips, clasps, and other articles utilized in the manufacture of garments, from Union City, N. J., to Middletown, N. Y., and from Union City, N. J., to Suffern, N. Y., over the regular routes set forth in our prior report in Alco Exp. Co., Inc., Com. Car. ExtensionSuffern, N. Y., supra, returning over the same routes with finished garments from Middletown and Suffern to Union City, and of garments and cut dress goods, together with trimmings, clips, clasps, and other articles utilized in the manufacture of garments, from New York City over irregular routes through New Jersey to all points in Orange, Ulster, and Sullivan Counties, N. Y., and of finished garments from all points in Orange, Ulster, and Sullivan Counties to New York City; and that upon compliance by applicant with the requirements of sections 215 and 217 of part II of the Interstate Commerce Act and our rules and regulations thereunder, appropriate amended certificates will be issued; and it is so ordered. COMMISSIONER LEE was necessarily absent and did not participate in the disposition of this proceeding. No. MC-88141 (SUB-No. 1) WIRT LEE SPENCER EXTENSION OF OPERATIONSCOMMON CARRIAGE Submitted August 24, 1940. Decided June 3, 1941 1. Applicant's proposed operations found to be those of a common carrier by motor vehicle as defined in section 203 (a) (14) of the Interstate Commerce Act. 2. Public convenience and necessity found not to require operation by applicant as a common carrier by motor vehicle of petroleum products, in bulk, from Richmond, Norfolk, and Hopewell, Va., to points in a specified territory in North Carolina, over irregular routes. Application denied. Bernard T. Franck, III, for applicant. N. V. Hutchinson, Jr., and G. B. Cooper for protestants. REPORT OF THE COMMISSION DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON BY DIVISION 5: Exceptions were filed by applicant to the order recommended by the joint board. By application filed February 5, 1940, Wirt Lee Spencer, of Petersburg, Va., doing business as Spencer Transfer, seeks a permit authorizing operation in interstate or foreign commerce as a contract carrier by motor vehicle of "gasoline, kerosene, fuel oil, and petroleum products" from Richmond, Hopewell, and Norfolk, Va., to points in North Carolina on and east of U. S. Highway 220, and on and north of U. S. Highway 70, North Carolina Highways 91 and 98, and U. S. Highway 64, over irregular routes. Reliable Transport, Inc., and Southern Railway Company oppose the application. In No. MC-88141, applicant was granted a permit authorizing operation as a contract carrier of petroleum products from Hopewell to Roanoke Rapids and Tarboro, N. C., over specified routes. The authority sought herein would add Norfolk and Richmond as sources of supply, and would include as destinations points in the northeast portion of North Carolina as far west as Greensboro, N. C., and on and north of a line running from Greensboro through Durham, Rocky Mount, Tarboro, Williamston, Plymouth, and Fort Landing, N. C. Applicant would not confine his service to specially selected shippers but would transport the commodities under consideration for any shippers desiring to avail themselves of his facilities. 29 M. C. C. Clearly, applicant's operations would be those of a common carrier within the meaning of section 203 (a) (14) of the Interstate Commerce Act. Applicant's equipment consists of three tractors and three semitrailers. Each of the semitrailers is equipped with a tank divided into three compartments. The compartments have double bulkheads designed to prevent seepage from one compartment to another. Although authority is sought to serve points in an extensive destination territory, applicant knows of no definite points where his service would be required except Nashville and Ahoskie, N. C. At the present time applicant is transporting fuel oil to these points under certain lease arrangements with the shippers. Leases are made for each individual trip and compensation is on the basis of a stipulated amount per load irrespective of tonnage. The lessee has no control over the vehicle or the driver, all insurance is carried by the lessor, and the lessees do not consider themselves responsible for any damage resulting from accidents in which the trucks may become involved. It is clear, therefore, that the vehicles are operated under applicant's direction and control, and under his responsibility to the general public as well as to the shipper. In the circumstances, such operations are those of applicant as a common carrier, and, having been instituted without authority from us, have been and are unlawful, and should be immediately discontinued. A witness representing the Republic Oil Company in Petersburg testified in support of the application. This company is interested only in Hopewell as an origin point. It makes shipments into a portion of the territory embraced herein by carriers other than applicant. The witness has no knowledge of the manner in which prospective customers in the remaining portion of the territory receive these products. Pure Oil Company, of Chicago, Ill., supplies the northern area in North Carolina from its bulk plant at Norfolk, and desires to use applicant's service to ship gasoline, fuel oil, and kerosene into this area. This company's traffic is moving into the described North Carolina territory by means of motor and water carriers. The representative of the oil company was not familiar with the service rendered by such carriers. A distributor at Nashville, with retail stations at Nashville and points nearby, purchases gasoline at Wilmington, N. C., whence it is hauled by the Home Oil Company to Nashville. Fuel oil and kerosene are shipped from Hopewell and are transported by applicant under a lease arrangement such as that heretofore described. The witness has never had occasion to make an investigation of existing service by motor vehicle, although he knows of Reliable Trans |