In its exceptions, Refiners urge that holders of temporary authority should not at this time seek to have such authority made permanent but should defer initiating such proposals until the termination of the present emergency "appears to be imminent." Protestant also urges that past operations conducted wholly under temporary authority should not be considered as establishing a need for permanent authority. In addition, it contends that the record does not establish a permanent need for the authority here sought.

An application may be filed at any time under section 209 (b) of the Interstate Commerce Act, regardless of whether the applicant is or is not operating under temporary authority. However, the burden of proof is upon the applicant to establish that there is a need for the proposed operations extending beyond the present emergency. In this connection, it should be noted that section 210 (a) of the act provides for the issuance of temporary authority to enable the provision of service for which there is an immediate and urgent need to a point or points, or within a territory having no carrier service capable of meeting such need. This section further provides that such authority shall create no presumption that corresponding permanent authority will be granted thereafter. In the circumstances, it is clear that the holding of temporary authority to provide certain service is not in itself evidence that there is a permanent or continuing need for such service. The mere fact that a carrier has been able to obtain traffic while operating under temporary authority, particularly during the present emergency, creates no presumption that permanent authority to continue such operation is required by the public interest or the national transportation policy, nor does such operation place applicant in a more advantageous position than other equally qualified carriers in seeking permanent authority.

The bulk of shipments now being transported by motor carriers between the proposed points moved in rail tank cars prior to the present emergency. Motor-carrier service, however, has proved highly satisfactory to the shippers, particularly with respect to the transportation of certain so-called slow moving commodities for which there is a demand by dealers and distributors in small lots. All of the shippers consider that a continuation of motor-carrier service after the present emergency is not only desirable but will be reasonably necessary in the conduct of their respective businesses.

A consideration of the record as a whole establishes that there will be a continuing need on the part of the afore-mentioned companies for motor-carrier service from their present shipping points to the Missouri points sought to be served after the present emergency. The only question remaining, therefore, is whether there is a continuing need for applicant's service and if so to what extent. We have re

peatedly found that where existing motor carriers are furnishing adequate, efficient, and economical service, no new service should be authorized in the absence of a showing that additional service is required. To do otherwise would jeopardize the maintenance of sound economic conditions in the motor-carrier industry. As noted, two large motor carriers are presently transporting petroleum products from Hartford to points in Missouri. One has permanent authority to serve all points in Missouri and the other points therein within 135 miles of Hartford. The latter carrier also has permanent authority to transport petroleum products from East St. Louis to points in Missouri within 135 miles of East St. Louis. In the absence of any showing that the services of these carriers are inadequate, we are unable to find that there is a need for the proposed operations from these origins.

With respect to Roxana, Wood River, and Cahokia, however, the situation is different. So far as the record shows, the only permanent authority to serve these points is that held by Columbia Motor Service Company to transport petroleum products from Roxana to four points in Missouri, and that of Union Service Company to transport petroleum products from Wood River to five points in Missouri. The record also establishes that there is and will be a continuing need for motor-carrier service from these origins to the interstate points of destination proposed to be served therefrom. We therefore conclude that, as to these three origins, there is a need for applicant's proposed service to such points of destination. Applicant's fitness and ability, financial or otherwise, is not questioned.

We find that operation by applicant as a contract carrier by motor vehicle, in interstate or foreign commerce, of petroleum products, in bulk, in tank trucks, from Roxana, Wood River, and Cahokia, Ill., to points in Missouri within 150 miles of East St. Louis, Ill., and to Caruthersville, Edina, Hornersville, Kennett, Kirksville, La Plata, Mansfield, Medill, Memphis, Portageville, Salisbury, Senath, Steele, and West Plains, Mo., all over irregular routes, will be consistent with the public interest and the national transportation policy; that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the act and our rules and regulations thereunder; that a permit authorizing such operation should be granted; and that in all other respects the application should be denied. Upon compliance by applicant with the requirements of sections 215 and 218 of the act, with our rules and regulations promulgated thereunder, and with the requirements established in Contracts of Contract Carriers, 1 M. C. C. 628, an appropriate permit will be issued. An order will be entered denying the application, except to the extent that a permit is authorized by our findings herein.

CASES DISPOSED OF BY THE COMMISSION WITHOUT PRINTED REPORT DURING THE TIME COVERED BY THIS VOLUME

APPLICATION CASES-COMMON AND CONTRACT CARRIERS

BY DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE: MC-200, Riss & COMPANY, INC., Common CARRIER APPLICATION. Decided June 12, 1944. On further hearing, findings in prior report, 21 M. C. C. 521, modified so as to authorize applicant to serve St. Louis, Mo., as an intermediate origin point in connection with the authority hereinbefore granted to transport general commodities, except livestock, between Chicago, Ill., and Denison, Tex., over a specified route. Application, to the extent reopened, denied in all other respects. Commissioner Lee dissented. Appearances as shown in prior report, and, in addition: H. Russell Bishop, H. D. Driscoll, D. C. Stone, and L. E. Wells for applicant; B. W. LaTourette, C. R. Morrow, E. J. Damon, and Carll V. Kretsinger for protestants.

MC-500 (Sub-No. 1), C. M. OLSEN TRANSER & STORAGE COMPANY EXTENSION OF OPERATIONS. Decided July 13, 1944. On reconsideration, findings in prior report, 22 M. C. C. 801, modified, and issuance of amended certificate authorized. Household goods, between all points in Oregon, except Portland, on the one hand, and, on the other, points in Idaho, California, and Washington, except those in Clark, Cowlitz, and Skamania Counties, Wash., over irregular routes. Appearances shown in prior report.

MC-13777, CONTRACT CARRIERS, INC., CONTRACT CARRIER APPLICATION; and MC-13777 (Sub-No. 1), CONTRACT CARRIERS, INC., EXTENSION OF OPERATIONS. Decided November 13, 1943. Upon further hearing in MC–13777, findings in prior report, 24 M. C. C. 55, modified, and certificate granted. Specified commodities, in truckloads, between points in Indiana, Illinois, Missouri, Kentucky, and Ohio, over irregular routes. In MC-13777 (Sub-No. 1) certificate granted to transport iron and steel articles, in truckloads, from Middletown, Ohio, and Ashland, Ky., to St. Louis, Mo., and points in Illinois and Indiana, over irregular routes. Applications in other respects denied. C. D. Todd, Jr., A. E. Later, W. C. Mellander, and George O. Cowan for applicant. Samuel R. Wells, Vernon L. Stouffer, Ferdinand Born, Herbert Baker, B. W. LaTourette, Floyd F. Shields, O. R. Livinghouse, Eugene L. Behmer, Jack B. Josselson, Noel F. George, Olis Miller, Kenneth G. Foster, E. J. Shover, Paul J. Hergenroeder, David Axelrod, Harry E. Yockey, Chester McFarland, Jerome D. Fenton, H. E. Solsman, Robert J. McBride, C. S. Holecheck, Taylor C. Burneson, G. H. Dilla, Joseph H. Walker, Louis E. Smith, and Zachary D. Ford, Jr., for protestants. Edward F. Ledwidge for intervener. James D. Sturgis for Public Service Commission of Indiana. MC-22279, (now renumbered MC-52674) Sunset MOTOR LINES, INC., COMMON CARRIER APPLICATION. Decided January 31, 1944. Upon further hearing, findings in prior report, 22 M. C. C. 113, reversed, and certificate granted. General commodities, with exceptions, between Pittsburgh, Pa., and New York, N. Y., over regular routes, with service at specified intermediate and off-route points. Application denied in other respects. Commissioner Alldredge concurred in a separate expression. Appearances as shown in prior report, and

Glenn F. Morgan, W. C. Parks, and Harris J. Klein for applicants, and Daniel J. Bruno, Milton E. Harris, Alexander Markowitz, Samuel Barlotta, I. G. Robbins, and Spencer T. Money for protestants.

MC-31214, THE MOTOR HAULAGE COMPANY, INC., CONTRACT CARRIER APPLICATION. Decided April 11, 1944. Permit granted. Such commodities as

are sold by retail and wholesale stores or establishments, from the shipping points of such stores or establishments, in the New York, N. Y., commercial zone to their customers at points within 40 miles of Columbus Circle, New York, N. Y., and the return of rejected shipments and empty containers; and illuminated car signs from New York, N. Y., to Berwick, Pa., and return of damaged or rejected shipments. Malt beverages from New York, N. Y., to points in New Jersey and Connecticut, and return of rejected shipments and empty malt beverage containers; telephone directories between Jersey City, N. J., and points in New York and Connecticut; new airplanes from points in Nassau County, N. Y., to points in the New York commercial zone; and general commodities, with exceptions, between points in the New York commercial zone and points in New Jersey. New York, and Connecticut. Certificate granted. Damaged airplanes from points in Maine, Maryland, New Nampshire, New York, Pennsylvania, Vermont, Virginia. West Virginia, Connecticut, Delaware, Massachusetts, New Jersey, Rhode Island, and the District of Columbia, within 250 miles of Columbus Circle, New York, N. Y., to points on Long Island. N. Y. Holding of dual authority authorized. Application otherwise denied. separate expression, and Commissioner Rogers dissented in a separate expression. Commissioner Lee concurred in a Parker McCollester, Frank J. Clark James A. Hoffman, and John A. McCoy for applicant. Glenn F. Morgan, James W. Oram, T. C. Crouch, and Robert J. McBride for protestants and interveners.

MC-42261. LANGER TRANSPORT CORP. COMMON CARRIER APPLICATION; and MC-42261 (Sub-No. 1), LANGER TRANSPORT CORP. EXTENSION OF OPERATIONSCOMMODITIES IN BULK. Decided November 13, 1943. certificate granted. General commodities, with exceptions, over irregular routes. On reconsideration, between Paulsboro, N. J., and points within a defined area in New Jersey, on the one hand, and, on the other, Monticello, N. Y., and points in a described territory in New York; and between points in the New York, N. Y., commercial zone and certain points in New Jersey, on the one hand, and, on the other, Claymont, Del. Appearances shown in prior report.

MC-42681 (Sub-No. 1), STUART WELSH EXTENSION OF OPERATIONS-ALABAMA. Decided July 20, 1944. 23 M. C. C. 404, modified. On reconsideration, findings in prior report, Certificate granted. Household goods in radial service, between specified points in Massachusetts, Connecticut, Rhode Island. New York, and New Jersey, and in nonradial service between such points, on the one hand, and points in 17 States and the District of Columbia, on the other. over irregular routes, traversing West Virginia for operating convenience only. Application otherwise denied. Appearances shown in prior report and, in addition: James W. Wrape for applicant.

MC-44592, MIDDLE ATLANTIC TRANSPORTATION CO., INC., COMMON CARRIER APPLICATION; MC-44592 (Sub-No. 1), MIDDLE ATLANTIC TRANSPORTATION Co., INC., LESSEE-EXTENSION; MC-74083, SUTHERLAND SHIPPING, INC., COMMON CARRIER APPLICATION. Decided April 18, 1944. certificate to transport general commodities, with exceptions, between New York, In MC-44592, application for N. Y., and Washington, D. C., over regular routes, and between various points in New York, Connecticut, New Jersey, Pennsylvania, Maryland, and the District of Columbia, over irregular routes, denied. In MC-74083, certificate granted to Middle Atlantic Transportation Co., Inc. General commodities, with exceptions,

between points in Michigan, Ohio, Pennsylvania, New York, New Jersey, Connecticut, and Massachusetts, over specified routes. Application otherwise denied. In MC-44592 (Sub-No. 1), certificate granted. General commodities, with exceptions to and from certain intermediate and off-route points in connection with its operations over the routes authorized in MC-74083, and between points in Connecticut, Massachusetts, and New York, over regular routes. Application otherwise denied. Harris J. Klein and Edward S. Brashears for applicants. Kenneth Carberry, Kit F. Clardy, James W. Oram, Charles E. Cotterill, Dabney T. Waring, Richard L. Barnes, Joseph H. Edwin, David Axelrod, Francis E. Barrett, and George M. Leim, Jr., for protestants. Max Nachamie, David Axelrod, and Edward F. Bowes for interveners.

MC-44849 (Sub-No. 2), D. D. ALDERDYCE COMMON CARRIER APPLICATION; and MC-44849 (Sub-No. 3), D. D. ALDERDYCE EXTENSION OF OPERATIONSILLINOIS-IOWA. Decided December 17, 1943. Certificate granted. On reconsideration, findings in prior report, in MC-44849 (Sub-No. 2), 41 M. C. C. 870, modified to authorize applicant to haul livestock, from certain points in Iowa to Chicago, Ill., and Albert Lea and Austin, Minn., and specified commodities from designated points in Illinois and Indiana to points in Iowa, over irregular routes. In MC-44849 (Sub-No. 3), applicant permitted to transport specified commodities from Waukegan, Ill., and points in the Chicago commercial zone to points in Iowa, over irregular routes. Appearances in MC-44849 (Sub-No. 2) as shown in prior report. Paul Toomey and Gerald Leming for applicant in MC-44849 (Sub-No. 3). S. E. Gregory, B. C. Brile, John Gamble, John N. Hughes, Jr., George A. Sarli, B. F. Moffatt, Edwin Larson, B. J. Drummond, Sidney H. Johnson, Rex H. Fowler, H. R. Van Maren, W. J. McCarthy, Richard W. Sharpless, R. L. Hafer, S. L. Edlestein, Zachary D. Ford, Jr., Leroy C. Welch, Stephen Robinson, U. J. Haas, Ralph H. Haen, and David Axelrod for protestants in MC-44849 (Sub-No. 3).

MC-52674. See MC-22279, supra.
MC-74083. See MC-44592, supra.

MC-88447, FRANK JACOB COMMON CARRIER APPLICATION. Decided November 5. 1943. Certificate granted. Household goods, between points in Illinois, on the one hand, and points in Wisconsin, Minnesota, Iowa, Nebraska, Colorado, Missouri, Michigan. Indiana, Ohio, Pennsylvania, New York, Massachusetts, New Jersey, Maryland, the District of Columbia, and Florida, on the other, over irregular routes. Application in other respects denied. Harold F. Hernly and James W. Wrape for applicant. Jerome D. Fenion, Eugene X. Murphy, and Leo P. Kitchen for protestants.

MC-93869, AAERO TRANSPORTATION COMPANY, INC., COMMON CARRIER APPLICATION. Decided February 2, 1944. Upon further hearing, findings in prior report, 19 M. C. C. 821, reversed, and certificate denied. General commodities, between points in Delaware, Maryland, New Jersey, New York, North Carolina, Pennsylvania, Virginia, and the District of Columbia, over irregular routes. Appearances as shown in prior report, also: Samuel I. Sacks and Harry H. Frank for applicant. John R. Norris, Isadore H. Schwartz, Alfred W. Hesse, Jr., John B. Gest, George J. Eckert, and Harry C. Maxwell for protestants.

BY DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON.

MC-2 (Sub-No. 3), TRUCK Transport, Inc., EXTENSION OF OPERATIONS— WISCONSIN AND OTHER STATES. Decided June 27, 1944. On reconsideration, findings in prior report herein, 42 M. C. C. 801, reversed in part. Permit granted. Asbestos shingles and sidings and asphalt roofing and allied roofing and building materials, from East Chicago and South Bend, Ind., to points in