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motor-carrier service to keep the plants adequately supplied. Motorcarrier service is also deemed necessary for supplying communities with petroleum products during the so-called peak periods of consumption such as the distribution of fuel oil during the winter and gasoline during the harvest season. As noted, this shipper used motor-carrier service rather extensively prior to the war and considers that the need for applicant's service will continue thereafter. In this connection, it is noted that its representative has knowledge of other motor carriers operating between some of the points here involved, but has never made any investigation with respect to the extent of their services, as the service rendered by applicant has been entirely satisfactory.
Shell's refinery at Roxana is one of the largest oil refineries in the Midwest, and it ships approximately 35 percent of its products to off-rail points which are entirely dependent upon motor-carrier service. Prior to the war, a portion of this traffic moved in its own equipment in the absence of adequate motor-carrier service. Applicant has transported Shell's products to various points in the proposed destination area since December 1943, and his service has been very satisfactory. A continuation of such service after the war is deemed necessary.
Mid-Continent has no refinery in the proposed origin territory but has a source of supply at Hartford. It has used applicant's service in Iowa and just recently entered into a contract with him for the transportation of its products to various points in the destination territory. The representative of this company could not definitely state the extent to which motor-carrier service would be used after the present emergency but is of the opinion that motor-carrier service, if available, will be used for hauls up to 100 or 125 miles in preference to rail.
Refiners Transport & Terminal Corporation, hereinafter called Refiners, conducts extensive operations generally between points in Michigan, Ohio, Indiana, Illinois, Wisconsin, and Missouri. So far as here pertinent, it is authorized to transport petroleum products, as a common carrier by motor vehicle, from East St. Louis and Hartford to points in Missouri within 135 miles of each origin, under permanent authority granted in No. MC-50069 (Sub-No. 2), and from Cahokia and Wood River and points within 5 miles thereof to points in Missouri within 135 miles of each origin, under temporary authority granted in No. MC-50069 (Sub-No. 19-TA). Roxana is within 5 miles of Wood River and therefore included as an origin point under the grant of temporary authority. This company operates some 255 units of equipment, 6 of which are assigned to its East St. Louis terminal, and it anticipates that 50 percent of its equipment will be idle after the war.
Rogers Cartage Company of Chicago, Ill., conducts rather extensive operations as both a common and contract carrier of petroleum products generally between points in Illinois, Indiana, Wisconsin, Missouri, and Iowa. So far as here pertinent, it now holds permanent contract-carrier authority to transport petroleum products from Hartford to all points in Missouri, and temporary authority to transport these commodities from Cahokia and Roxana to points in Missouri within 135 miles of each origin. It owns and operates 95 tractortrailer units, 7 of which are assigned to its terminal at Collinsville, Di., for its Missouri operations.
The Willette Company of Chicago holds temporary authority to transport petroleum products from Cahokia to points within 100 miles thereof. This company owns one “train unit" and leases one or two other pieces of equipment. Stahly Cartage Co., of Bloomington, Ill., holds temporary authority to transport petroleum products from Roxana, Wood River, and Cahokia, generally to points in Missouri covered by this application. Most of its operations, however, are confined to the transportation of petroleum products from St. Louis to Effingham, Chicago, and Herrin, I11., although occasional shipments are transported to undisclosed destinations in Missouri. Columbia Motor Service Company of St. Louis holds permanent authority to transport petroleum products from Roxana to St. Louis, Truesdail, Bowling Green, and Union, Mo., and Union Service Company, of St. Louis, holds permanent authority to transport petroleum products from Wood River to St. Louis, Robertson, Troy, Perryville, and Siles, Mo.
Summarizing, two protestants now hold permanent authority to transport petroleum products from Hartford to points in Missouri, one as a contract carrier to all points therein, the other as a common carrier to points within 135 miles of Hartford. The latter carrier also is authorized to transport petroleum products from East St. Louis to points in Missouri within 135 miles of East St. Louis. Collectively, these carriers operate some 350 pieces of equipment and hold permanent authority to transport petroleum products from Hartford and East St. Louis to nearly all of the destination territory here involved except points in Illinois. In this connection, however, there is no showing that applicant proposes to transport any traffic originating at these or other Illinois points to points in the Illinois territory covered by the application, in interstate or foreign commerce. In addition to the foregoing, most of the destination territory is now being served pursuant to temporary authority by 3 motor carriers from Roxana, 2 from Wood River, 4 from Cahokia, and 1 from East St. Louis.
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 repeatedly 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. La Tourette, 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 0. 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, Otis 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 K. 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