« PreviousContinue »
several warehouses for the storage and distribution of such materials and supplies in New York City, on Long Island, N. Y., and at Asbury Park, N. J. It also has established within recent months similar warehouses at Hawthorne, N. J., and Stamford, Conn. This shipper has used applicant's service since prior to June 1, 1935, for the movement of such commodities as concrete reinforcing bars, steel sash. metal lath, asphalt joints, firing channels, spirals for concrete columns, cement, welded wire fabric, roofing materials, and practically all kinds of articles dealt in by hardware stores, including wire fencing and accessories, paint brushes, putty knives, varnish, hatchets, shovels, axes, hammers, files, wheelbarrows, nails, spikes, rivets, rubber hose, ladders, and pipe and pipe fittings.
Another shipper, Republic Fireproof Company, of Bound Brook. N. J., is engaged in the manufacture of concrete blocks and accessories and briquets. It also purchases reinforcing steel which is used to reinforce the briquets. It has used applicant's service since 1935 from Bound Brook to points in New Jersey and New York, and for the transportation of reinforcing steel from Pennsylvania to New Jersey.
Applicant, since prior to the statutory date, regularly has transported slipments of the group of commodities authorized in the prior report. It concedes that the generic description therein properly describes thu commodities it has continued to transport; and since the group as listeu is unquestioned, we shall authorize applicant to continue the movemen of the same commodities, except for a slight change required to avoid duplication
New Jersey-New York operations.-Applicant, as previously indicated, seeks authority to continut, among othera, operations between points in New Jersey and New York within 25 miles of Newark, including Newark, and between points in this territory, on the one hand, and points in the remainder of New Jersey, and in the described portion of New York, not included in the base territory, on the other. Ia dei rmining the geographical scope of the claimed operations, consideration will first be given to those between points within the claimed bage terri tory. This territory includes Jersey City, Newark, Bayonne, Elisabeth, Rahway, Perth Amboy, Bound Brook, Madison, Passaic, Paterson, Morristown, and other points in northern New Jersey, New York City, a portion of Nassau County, Long Island, and extends approximately as far north as New Rochelle, N. Y., and the New YorkNew Jersey State line near Tappan, N. Y.
Applicant has since prior to June 1, 1935, regularly transported the commodities heretofore described between the plant of its principal shipper and from other points in New Jersey within 25 miles of Newark, and the warehouses of this shipper in New York City and on Long Island. While the majority of the shipments transported within the base territory moved from New Jersey points to New York City and points just outside of New York City on Long Island, there also have been fairly regular movements in the reverse direction to points in New Jersey within the claimed base territory. Applicant will, therefore, be granted authority to continue operations between points in New York and New Jersey within 25 miles of Newark, including Newark, and between such points, on the one hand, and, on the other, points in those portions of the remaining claimed territory as the evidence justifies.
In addition to the operation described, there have been regular movements since prior to June 1, 1935, from Newark and other points in New Jersey within the base territory to numerous points in southeastern New York, including Tarrytown, Mount Kisco, Peekskill, Poughkeepsie, West Point, Ossining, and Newburgh. Included among shipments handled by applicant were roofing materials and supplies from Kearny, South Kearny, and Bound Brook to a number of points in this portion of the State, and steel piling and insulating material frome South Kearny to Nyack, Monticello, Middlesburg, Valley Stream, and! other points as far north as Albany. The commodities transported by applicant from points in the New York portion of the base area to points in New Jersey are generally similar to those transported in the reverse direction.
Applicant also has transported shipments between points within New Jersey as well as between points entirely within New York. During 1934, applicant transported a shipment of wire from Newark to Phillipsburg, N. J., one of roofing materials and supplies from South Kearny to Gloucester, N. J., and in 1936, one shipment of empty nail cases from Phillipsburg to Newark. There were also two shipments of steel products and several shipments of cement from Brooklyn to points in New York. It appears from the oral evidence that other similar shipments have been transported both prior to and since the btatutory Gato Although the interstate or foreign character of the described shipments is ac. nntirely clear, there is oral testimony indimusic that applicant, since prior to Jura 1. 1935, has transported, as part of a thrvuês movement, to and from piury in the New York City area, particularly at Hobokou, Jarsop City, &z.d Weehawken, shipments originating at or destined to interstate points. Applicant's president recalled that imported shipments had been received at the piers for distribution in New Jersey, and indicated that applicant had otherwise performed such service in these two States.
While the operations conducted by applicant between points in New York within 25 miles of Newark, on the one hand, and points in southeastern New York, including points on Long Island, on the other, as well as between points in New Jersey within the base territory, on the one hand, and points in this State outside of the base territory, on the other, have not been as substantial as between other points in the claimed territory, considering the actual operations performed, together with the unrefuted testimony that applicant has been engaged in such operations since prior to the statutory date, and since the use of interstate routes might be more practicable in certain instances, it will be granted authority to continue these operations in interstate or foreign commerce.
Viewing the record as a whole, we are of the opinion that applicant has established the right to continue operations (1) between points in New Jersey and New York within 25 miles of Newark, including Newark, and (2) between points in such area, on the one hand, and points in New Jersey and those within the claimed portion of southeastern New York, including Long Island, but exclusive of those points in (1) above, on the other, over irregular routes.
Pennsylvania operations. The service performed by applicant to and from points in Pennsylvania, since prior to June 1, 1935, is substantially similar to that rendered in New Jersey and New York. Applicant originated in New Jersey within the base territory shipments from such points as Kearny, South Kearny, Jersey City, and Perth Amboy, and transported them to numerous points in that part of Pennsylvania on and east of U. S. Highways 11 and 111. Included among those transported are shipments of slag blocks from Bound Brook to Philadelphia, Pa., asphalt from Hoboken to Pottsville, acid, asphalt joints, metal floor forms, paint, and machinery from Newark to Philadelphia, Laurelton, Harrisburg, and Bethlehem, Pa., and rubber from Jersey City to Philadelphia. There were also some shipments of iron and steel articles to the Navy Yard at Philadelphia. The origin points in New Jersey are fairly representative of points within 25 miles of Newark and the destinations in Pennsylvania of points in the portion of this State on and east of U. S. Highways 11 and 111. In the reverse direction on and after June 1, 1935, applicant transported shipments of wire cloth from York, Pa., to Newark, roofing materials from York to South Kearny, wooden tanks from Darby, Pa., to Newark, steel articles from Philadelphia to Sayreville, N. J., inanganese from Philadelphia to Springfield, and Farnaham Park, N.J. fencing, nails, spikes, machinery, and iron and steel articles from Philadelphia to Newark, and spikes from Allentown, Pa., to Newark. There have been fairly regular shipments since the statutory date of wire cloth from York to Newark, with occasional shipments to Asbury Park, and of wire, wooden tanks, nails, spikes, and metal floor forms
from Philadelphia to Newark. There also have been occasional shipments of iron and steel articles and manganese from Harrisburg, Milton, Bethlehem, Williamsport, Stroudsburg, and East Stroudsburg to several points in New Jersey. While the greater portion of the traffic from and to points in Pennsylvania moved to and from points in New Jersey, there were shipments before and after June 1, 1935, from York, Allentown, and Philadelphia to points in the New York portion of the base area, and from New York City to Philadelphia and York.
Applicant will be granted authority to continue the transportation of the specified commodities heretofore described between points in the base territory, on the one hand, and those in Pennsylvania on and east of U. S. Highways 11 and 111, on the other.
Connecticut operations.-Applicant's operations between the base territory and points in Connecticut, west of the Connecticut River, have been similar to those conducted from and to other points in the considered territory. Applicant has, since prior to June 1, 1935, transported numerous shipments from points in the base territory in New Jersey to Danbury, Greenwich, Stamford, Norwalk, South Norwalk, North Madison, Stratford, Georgetown, Westport, Springdale, Norwich, and other points in Connecticut. There were also shipments from New York City to Danbury, Stamford, Greenwich, South Norwalk, and Bethel, Conn. Return shipments of roofing materials and supplies, poultry netting, and wire screen moved regularly from Georgetown to Newark, and there have been other shipments from Stamford and Bethel to such points as Asbury Park and Paterson, N. J., and to Colts Neck, N. Y. Although the preponderance of applicant's traffic in connection with its claimed Connecticut operations, has moved east-bound, there also have been some movements, as previously indicated, in the reverse direction. The representative operations shown to have been performed by applicant, taken together with the unrefuted testimony that it has since prior to June 1, 1935, rendered service from and to points in the western part of this State is, in our opinion, sufficient to warrant a grant of authority for continuance of such operations between points in the base territory, on the one hand, and those in Connecticut on and west of the Connecticut River, on the other.
Maryland operations.-Prior to June 1, 1935, applicant transported two shipments of motor oil from Bayonne and Jersey City to Baltimore and Canton, Md., two shipments of wire from Newark to Baltimore and two shipments of wire fencing material from Baltimore to Newark. The only service shown as having been performed thereafter consisted of single shipments of wire from New York to Elk. ton, Md., steel products from New York to Baltimore, and nails from Sparrows Point to Newark in 1940. The representative of applicant's principal shipper indicated that shipments to points in Maryland are very infrequent, and that none had been made since August 1940. Clearly, such infrequent and sporadic movements as were transported by applicant from or to points in Maryland do not satisfy the requirements of the statute with respect to bona fide operations on and since June 1, 1935. The authority sought to continue operations between points in the base territory, on the one hand, and points in Cecil, Harford, and Baltimore Counties, Md., on the other, over irregular routes, must accordingly be denied.
Finding8.-On reconsideration, we find that applicant on June 1, 1935, and continuously since, has been engaged in bona fide operations, in interstate or foreign commerce, as a common carrier by motor vehicle of iron and steel products; building, construction, heating and insulating materials, supplies and equipment; and such commodities as are dealt in by wholesale and retail hardware stores, (1) between points in New Jersey and New York within 25 miles of Newark, N.J., including Newark, and (2) between points in New Jersey and New York within 25 miles of Newark, including Newark, on the one hand, and, on the other, points in Connecticut on and west of the Connecticut River, all points in New Jersey, and those in New York on, south, and east of a line beginning at the Massachusetts-New York State line and extending westerly along U. S. Highway 20 to the junction with New York Highway 30, thence southerly along New York Highway 30 to East Branch, N. Y., thence along New York Highway 17 to Hancock, N. Y., and thence south along an unnumbered highway to the New York-Pennsylvania State line, including points on Long Island, N. Y., but excluding those points authorized in (1) above, and points in Pennsylvania on and east of a line beginning at the New York-Pennsylvania State line and extending along U. S. Highway 11 to Lemoyne, Pa., and thence along U. S. Highway 111 to the Maryland-Pennsylvania State line, over irregular routes, traversing Delaware for operating convenience only; that applicant is entitled to a certificate of public convenience and necessity authorizing continuance of such operations; 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, an amended certificate will be issued. An order will be entered denying the application except to the extent granted herein.
CHAIRMAN PATTERSON and COMMISSIONERS MILLER and ROGERS dissent.