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Transfer were purchased by certain individuals and, with the Commission's permission, were consolidated as the Cripps Overland Express, Incorporated.
On June 1, 1935, applicant leased 13 units of equipment and owned 5 units of equipment. At the time of the hearing applicant owned 6 and leased 13 units. The leases were for one year with provision for termination with 30 day's notice by either party. Under the terms of the lease the drivers of the leased equipment were paid each week, with social security taxes deducted by applicant; the vehicles were stored in applicant's garage; repairs were made by applicant's mechanics and the charge therefor paid by the owner of the equipment; applicant's name was painted on the equipment; insurance was paid in part by applicant and in part by the owner; and applicant had the privilege of discharging the drivers if they did not prove satisfactory. The owner of the equipment received a percentage of the gross earnings and settlement was made every 15 days for use of the equipment.
Prior to June 1, 1935, and subsequent thereto, applicant accepted all freight offered for transportation. Applicant's witness stated that the contracts in existence prior to April 1, 1936, were verbal, that it was not binding upon the shipper to give applicant any definite amount of tonnage, and that it was applicant's practice to quote a rate in accordance with the volume of tonnage to be moved. The contracts for the transportation of beer were made with both the brewery and distributor. Applicant solicited this transportation from the distributor. The distributor issued instructions to the brewery that the beer was to be transported over applicant's line. Applicant's witness stated that the contract which applicant had with the brewing company would have no control over the routing of beer to the distributor. It is not explained what contract applicant had with the brewing company. Applicant had written contracts with various packing plants, for example, Swift and Company and Armour and Company. Applicant's witness stated that this business was solicited by applicant and that it was applicant's practice to solicit business from the general public and to interchange freight with other common carriers. Therefore, applicant was, and is, a common carrier.
Applicant's witness introduced a tabulated statement purporting to be representative of shipments made prior to and subsequent to June 1, 1935. Appendix B shows the commodities transported and the routes over which they moved. Between Chicago and Milwaukee it was possible for shipments to have moved over either routes 1, 9, or 10. Applicant failed to submit any evidence of shipments moving
from or to points intermediate to Fond du Lac and Plymouth, Wis., on route 8. Therefore, a certificate authorizing operation to those intermediate points will be denied.
At Milwaukee, destined to points not on its routes, the following commodities were originated by applicant: Wash boilers, controllers, candy, tinware, iron and steel, batteries, potato chips, chocolate, burlap bags, electric motors, paper bags and boxes, chairs, film wrappers, olives, cellulose paper, auto parts, cloth pins, jacks, and statues. These commodities were not delivered by applicant but were interchanged with other carriers. The points of interchange are not of record, but apparently the commodities were interchanged at Chicago and evidently moved over either routes 1, 9, or 10. The following commodities, destined from some of those same points to Milwaukee, were carried by applicant from interchange points: Animal feed, forgings, iron castings, macaroni, electric switches, water pumps, rough castings, paper cartons, shoes, power pumps, farm machinery, and other commodities.
Subsequent to the hearing in these matters counsel for applicant stated that, because of the traffic congestion which prevails on Illinois Highway 42 between Chicago and North Chicago and because a restricted residential section is situated on this highway between these points, it would be more practicable for applicant to operate its motor vehicles over U. S. Highway 41 and serve specified points on Illinois Highway 42 over cross roads. As this proposal does not involve any fundamental change in service, regular route 9, as shown in the appendix, has been appropriately noted to reflect this change.
The board finds that on June 1, 1935, applicant and Jack Cripps were in bona fide operation as common carriers by motor vehicle; that applicant, and applicant as successor in interest to Jack Cripps, has been in continuous operation since that time as a common carrier by motor vehicle, of general commodities and of the specific commodities shown in appendix A and the amendments thereto, over the routes shown in said appendix, except that no shipments are to be made to or from intermediate points between Fond du Lac and Plymouth, Wis., on route 8; that by reason of these facts applicant is entitled to a certificate of public convenience and necessity authorizing continuance of these operations; and that in all other respects the applica. tion should be denied.
It is recommended that the appended order be entered.
Regular route 1, between Chicago, Ill., and Sheboygan, Wis.: From Chicago over Ilinois Highway 21 to junction with U. S. Highway 45; U. S. Highway 45 to Milwaukee County "A"; Milwaukee County "A" to Milwaukee, Wis.; from Milwaukee to Plymouth Wis., over Wisconsin Highway 57; from Plymouth to Sheboygan over Wisconsin Highway 23. Return via same route or alternate route 1. Alternate route 1, between Chicago, Ill., and Sheboygan, Wis.: From Chicago, over Illinois Highway 21, to junction with U. S. Highway 45; U. S. Highway 45 to Milwaukee County "A": Milwaukee County "A" to Milwaukee, Wis.; from Milwaukee to junction with Wisconsin Highway 33 over Wisconsin Highway 57; Wisconsin Highway 33 to Port Washington, Wis.; from Port Washington to Sheboygan over U. S. Highway 141.
Regular route 2, between Sheboygan, Wis., and Shawano, Wis. : From Sheboygan to Green Bay, Wis., over U. S. Highway 141; from Green Bay to Shawano over Wisconsin Highways 32, 29, 160; also Wisconsin Highways 54 and 55. Off-line point served, Two Rivers, Wis., on Wisconsin Highway 42.
Regular route 3, between Milwaukee, Wis., and Green Bay, Wis.: From Milwaukee to Fond du Lac, Wis., over U. S. Highway 41; from Fond du Lac to Chilton, Wis., over U. S. Highway 151; from Chilton to Green Bay over Wisconsin Highway 57. Off-line point served, Hartford, Wis., on Wisconsin Highway 60.
Regular route 4, between Plymouth, Wis., and Green Bay, Wis., over Wisconsin Highway 57.
Regular route 5, between Chicago, Ill., and Fond du Lac, Wis.: From Chicago to Madison, Wis., over U. S. Highway 14; from Madison to Fond du Lac over U. S. Highway 151.
Regular route 6, between Janesville, Wis., and Madison, Wis. : From Janesville to Johnson Creek, Wis., over Wisconsin Highway 26; from Johnson Creek to Madison over Wisconsin Highway 30.
Regular route 7, between Chicago, Ill., and Janesville, Wis.; From Chicago to Rockford, Ill., over U. S. Highway 20; from Rockford to Beloit, Wis., over Illinois and Wisconsin Highways 2; from Beloit to junction with Wisconsin Highway 140 over Wisconsin Highway 15; over Wisconsin Highway 140 to junction with U. S. Highway 14; over U. S. Highway 14 to Janesville.
Regular route 8, between Fond du Lac, and Plymouth, Wis., over Wisconsin Highway 23.
Regular route 9," between Chicago, Ill., and Milwaukee, Wis., over Illinois and Wisconsin Highways 42.
Regular route 10, between Chicago, Ill., and Milwaukee, Wis., over U. S Highway 41.
Regular route 11, between Chicago, Ill., and Madison, Wis., over U. S. Highway 12.
Amendments.-Applicant withdrew the right to serve any town located on U. S. Highway 151 between Madison and Fond du Lac on route 5, but not including Madison and Fond du Lac, retaining its rights to operate over this highway without the above-mentioned service.
Applicant further amended the application so that its operations on regular routes 2, 3, 4, 5, 6, 7, 8, and 11 would be restricted to irregular service over these regular routes, handling truckloads only of the following commodities: Fresh meats, fresh meats lightly salted, dressed poultry, glands (animal),
* Because of congested conditions on Illinois Highway 42, this route is changed to read as follows: Between Chicago and North Chicago over U. S. Highway 41 and unnamed cross road, and between North Chicago and Milwaukee over Illinois and Wisconsin Highway 42, serving North Chicago and the following off-route points located on Illinois Highway 42: Lake Bluff, Lake Forest, Highwood, Highland Park, Glencoe, Win. netka, Kenilworth, Wilmette, and Evanston.
butter, eggs (including frozen eggs), oleomargarine, packing-house products, meats (cooked, cured, or preserved), sausage, lard and shortening, lard compounds and substitutes, sandwich spreads, peanut butter, cheese and cheesemakers' supplies, sausage casings, bones, hoofs, and horns (animal), tails and switches (cattle), grease, tallow, stearine, hides, pelts, skins and trimmings, oils (oleo, cooking, vegetable, lard, neatsfoot and tallow), soap, soap powder, washing compound, soda and alkali products, blue (solid and liquid), feed (animal or poultry), fertilizer and fertilizer materials, anti-freeze compounds, glycerine, canned goods (in tin, glass, or earthenware), tinware, cheese color, butter color, ice-cream color, lime (common), pipe, extracts (including rennet extract), advertising matter, bouillon cubes, beverages (cereal, nonintoxicating), liquors, malt, ale, beer, beer tonic, porter or stout, and beverages (flavored or phosphated, such as birch beer, ginger ale, root beer or sarsaparilla, not including extracts, sirups, or alcoholic liquors).
Hides and molasses.
Peas and fertilizer
Beer, peas, paint, and manure.
Do. Canned goods.
Lard.. Route 6:
Poultry food and lard..