Delivery Limits indicates that free collection and delivery service will be given at Tuscumbia at points within the corporate limits and at Sheffield at points within the corporate limits plus some added territory necessary to reach certain manufacturing points. Shipments are transported between Sheffield and Tuscumbia by a truck which is based at Sheffield, operates two round-trip schedules daily, and performs collection and delivery service at both places. Notwithstanding the cities are contiguous, the operation between them appears to be an interterminal service rather than one entirely within a single terminal

area.

Route 10. Gadsden-Attalla, Ala.-Attalla is located on the main line of the Alabama Great Southern Railroad Company about 5 miles over the route here involved from Gadsden which is on a branch line of the Southern Railway. The operation between these points was commenced in 1925 to augment branch-line train service which was deemed insufficient. Both points are named as points at which free collection and delivery service is given. The directory defines the collection and delivery limits at Attalla as the corporate limits plus Camp Sibert and at Gadsden as the corporate limits plus additional territory necessary to reach three named manufacturing plants. Gadsden has a population of over 36,000, and Attalla of nearly 5,000. Available maps indicate that Alabama City with a population of over 8,000, is located between the 2 cities on the route here involved. The record states that the 3 cities are contiguous and suggest that Alabama City has recently merged with Gadsden, but it is clear that Attalla still has a separate existence and is not within the free collection and delivery limits of Gadsden. It seems clear that the considered operation is interterminal.

Route 12. Tuscaloosa-Holt, Ala.-These points are both on the Mobile and Ohio Railroad, 6 miles apart over the route here involved. Applicant's predecessor's operation over such route was begun in 1927 when passenger-train service was abandoned. Tuscaloosa has a population of over 27,000, and Holt of less than 5,000. Both are listed in the directory as points at which free collection and delivery service is given. In its exceptions applicant says it has no office at Holt, but such statement appears to be at variance with the Joint Directory of Express Stations. In any event the holding out of collection and delivery service at both such points indicates that, at least, it has representation there. At Tuscaloosa, collection and delivery service is confined to the corporate limits; at Holt, to the corporate limits, plus certain additional territory to include 3 named industrial plants. As in the case of the operations already considered, it is clear that the considered service is interterminal.

Findings. We find that applicant's predecessor was on June 1, 1935, and that applicant and its predecessor continuously since have been, engaged in bona fide operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of general commodities, moving in express service, between the points and over the routes set forth in the appendix hereto, except routes 2, 7, 13, and 14, serving the intermediate and the off-route points as described in such appendix; that such operations are subject to the certificate requirements of part II of the Interstate Commerce Act; that applicant is entitled to a certificate authorizing the continuance of such operations, subject, except as to route 6, to the following conditions

1. The service to be performed by applicant shall be limited to service which is auxiliary to, or supplemental of, express service;

2. Shipments transported by applicant shall be limited to those moving on a through bill of lading, or express receipt, covering in addition to a motor-carrier movement by applicant, an immediately prior or immediately subsequent movement by rail;

3. Such further specific conditions as we, in the future, may find it necessary to impose in order to restrict applicant's operation to service which is auxiliary to, or supplemental of, express service; -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 our rules and regulations thereunder, an appropriate certificate will be issued. An order will be entered denying the application except to the extent indicated.

APPENDIX

Route 1, between Huntingburg and Jasper, Ind., over Indiana Highway 45, serving no intermediate points.

Route 2, between Millstadt and Columbia, Ill., over Illinois Highway 158. Route 3, between Asheville and Enka, N. C., over U. S. Highway 19, serving all intermediate points.

Route 4, between Salisbury and Norwood, N. C., over U. S. Highway 52, serving all intermediate points.

Route 5, between Brunswick and Darien, Ga., over U. S. Highway 17, serving no intermediate points.

Route 6, between Augusta, Ga., and Columbia, S. C., over U. S. Highway 1, serving all intermediate points and off-route points of Graniteville and Clearwater, S. C.

Route 7, between Chattanooga, Tenn., and Rossville, Ga., over city streets. Route 8, between Florence and Sheffield, Ala., over U. S. Highway 72, serving no intermediate points.

Route 9, between Sheffield and Tuscumbia, Ala., over U. S. Highway 72, serving no intermediate points

Route 10, between Gadsden and Attalla, Ala., over U. S. Highway 11, serving all intermediate points.

Route 11, between Demopolis and York, Ala.: From Demopolis over U. S. Highway 43, to its junction with U. S. Highway 80, thence over U. S. Highway 80, and return, serving no intermediate points.

Route 12, between Holt and Tuscaloosa, Ala.: From Holt over an unnumbered highway to its junction with U. S. Highway 11, thence over U. S. Highway 11 to Tuscaloosa, and return, serving no intermediate points.

Route 13, between Mobile and Bayou Labatre, Ala.: From Mobile over U. S. Highway 90 to Irvington, Ala., thence over an unnumbered highway to Bayou Labatre.

Route 14, between Montevallo and Aldrich, Ala., over an unnumbered county highway.

43 M. C. C.

No. MC-29130 (SUB-No. 8)

THE ROCK ISLAND MOTOR TRANSIT COMPANY EXTENSION OF OPERATIONS-TRENTON, MO.

Decided June 13, 1944

On reconsideration, findings in prior report 33 M. C. C. 506, modified, and public convenience and necessity found to require operation by applicant, subject to certain conditions, including a key-point condition in lieu of condition 3 in the prior report, as a common carrier by motor vehicle of general commodities, between Atchison, Kans., and Trenton, Mo., over a specified route, serving certain intermediate and off-route points. Issuance of a certificate, subject to conditions, approved upon compliance by applicant with certain requirements, and application in all other respects denied. Appearances as shown in the prior report.

REPORT OF THE COMMISSION ON RECONSIDERATION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON

BY DIVISION 5:

Applicant, The Rock Island Motor Transit Company, of Chicago, Ill., is a wholly owned subsidiary of The Chicago, Rock Island and Pacific Railway Company, hereinafter called the railway or the Rock Island. In the prior report, 33 M. C. C. 506, decided May 6, 1942, we found that the public convenience and necessity require operation by it, in interstate or foreign commerce, as a motor common carrier of general commodities, with certain exceptions,1 between Atchison, Kans., and Trenton, Mo., over a specified route, serving all intermediate points which are stations on the rail line of the railway and Amity, Mo., which also is a Rock Island station, as an off-route point. subject to the following conditions:

1. The service to be performed by applicant shall be limited to service which is auxiliary to, or supplemental of, rail service of The Chicago, Rock Island and Pacific Railway Company, hereinafter called the railway.

2. Applicant shall not serve any point not a station on the rail line of the railway.

3. No shipments shall be transported by applicant which originate at or are destined to points beyond the route herein authorized except those which, in

'Dangerous explosives, commodities in bulk, and commodities requiring special equip

ment.

• From Atchison over U. S. Highway 59 to Saint Joseph, Mo., thence over U. S. Highway 36 to its junction with Missouri Highway 6, thence over Missouri Highway 6 to Trenton, and return over the same route.

addition to movement by applicant, have had or will have a rail movement immediately beyond said route.

4. All contractural arrangements between the applicant and the railway shall be reported to us and shall be subject to revision, if and as we find it to be necessary in order that such arrangements shall be fair and equitable to the parties.

5. Such further specific conditions as we, in the future, may find it necessary to impose in order to restrict applicant's operation to service which is auxiliary to, or supplemental of, rail service.

The application was denied in all other respects. On June 14, 1943, upon applicant's petition, the proceeding was reopened for reconsideration.

Applicant complains of condition 3, above. It is impracticable, it asserts, to conduct operations over the route subject to this condition. The prayer of the petition is in the alternative: (1) That we either grant the authority set forth in the findings in the prior report but without imposing the limitation complained of, or (2) that the application be dismissed without prejudice.

To appreciate the relationship of the proposed operations to those now conducted by applicant and to the rail service of the Rock Island, it is necessary to describe their present operations in a general way. Applicant is now authorized to operate (1) over a route extending west from Chicago through the Tri-Cities, Newton and Des Moines, Iowa, Omaha and Lincoln, Nebr., and thence south and west to other points in Nebraska and Kansas, (2) over a route extending southwest from Clinton, Iowa, through Davenport, Muscatine, Eldon, and Centerville, Iowa, to Trenton, the eastern terminus of the route here sought, (3) over a route between Des Moines and Eldon, (4) over a route extending south from the Twin Cities through Des Moines to Kansas City, Mo.-Kans., and thence west through Topeka, Kans., to points beyond, (5) over a route from Kansas City to Atchison the western terminus of the route sought, and (6) over a route extending from St. Joseph. Mo., an intermediate point on the route here sought, to Topeka, as well as other routes which it is unnecessary to describe. Rail lines of the Rock Island parallel each of these routes (and also the one here involved) except route (5) and that portion of route (4) lying between Des Moines and Excelsior Springs, Mo. Between these points the rail line lies east of applicant's route (4), and extends through Allerton, Iowa, (an intermediate point on applicant's Clinton-Trenton route) and Trenton. Applicant's Twin Cities-Kansas City route (4) intersects the one here involved at or just west of Altamont, Mo., but it is not authorized to serve that or any other inter

Davenport, Iowa, and Rock Island and Moline, Ill.

'Minneapolis and Saint Paul, Minn.