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Transportation of machinery, boilers, pipe, building and construction materials, household goods, is of a specialized nature, and there is not a balanced flow of traffic, necessitating at times nonrevenue hauls on return trip. Irregular-route operations within a wide scope
Common carriers expected to main-ment carrier to show continuous service tain regular service in whatever quan- to each ard every point to which he may tities offered to and from all points on have carried freight. It is the general specified routes cannot operate economi- territory served rather than continuous cally if other carriers invade such service to each point that is controlroutes to handle the cream of the traffic ling.-Newlin, 6 M. C. C. 677 (679); in irregular-route service. Substantial Robinson, 7 M. C. C. 151; Oilfields evidence of irregular-route operation Trucking Co., 12 M. C C. 16 (18). must be required.-Powell Bros. Truck Lines, Inc., 9 M. C. C. 785 (791); Hemingway Bros., 11 M. C. C. 267 (270); McCarthy, 17 M. C. C. 763; Merchants Parcel Delivery Co., Inc., 21 M. C. C. 93; Galveston Truck Line Corp., 22 M. C. C. 451 (467). Carriers who furnish transportation of territory are justified.-Salt Lake on call and demand to a wide territory over irregular routes out of particular places or areas often perform a very❘ useful service, and return loads are essential to their economical operation. Doubts with respect to return loads ought to be resolved in their favor.Northeastern Lines, Inc., 11 M. C. C.
When there is a class of commodities which by their very nature habitually move from irregular points, rather than in a constant stream from designated origin and destination territory, the commission will authorize irregular route service within a fairly wide range of territory. This distinction seems reasonably designed to carry out the Congressional intent.-Lundstrom, 13 M. C. C. 491 (497).
The holding out, as well as actual operation, by carriers serving large territories over irregular routes, furnishing "call on demand" service, must be considered. In oil-field equipment and household goods service demand is, because of the uses of the particular commodities, irregular and occasional. Certificates may include points not previously served.-L. C. Jones Trucking Co., 9 M. C. C 740 (743); Miller, 10 M. C. C. 15; Union City Transfer, 7 M. C. C. 717; Aronson, 9 M. C. C. 433; Geer, 3 M. C. C.
Changing requirements of the oil industry make it difficult for oil-field equip
Transfer Co., 12 M. C. C. 43 (46). Bruce Transfer & Storage Co., 2 M. C. C. 150 (153).
It would be an impractical solution to carve out oddly shaped areas for service based solely on the frequency of service in moving household goods; consideration must also be given to the general territory served under the holding-out, even if the business in some States may not equal that in other States in the territory.-Wruck, 12 M. C. C. 150 (152).
The same proof with respect to territory served that might be required of a general commodity hauler cannot be imposed upon applicant hauling in caravan or driveaway service, nor can operations be confined within the same definite limits. Restrictions to fixed routes would handicap conduct of the business.-Fleming, 8 M. C. C. 469.
Due to the practice of applicant of loading in transit which may necessitate circuitous movement through the various confine the entire operation to regular stop-off points, it is not practicable to routes. Takin, 3 M. C. C. 88 (91).
Operation to transport only one commodity is not unlike that of carriers rendering a specialized service over irregular routes.-Fowser's Fast Freight, 4 M. C. C. 633.
When territorial operation is claimed, the showing must embrace a sufficient
Fed. Supp. 464*.
number of points throughout the terri- ficient.-Loving v. United States, 32 tory to be representative of the whole. Lenker, 9 M. C. C. 665; Adams Transfer & Storage Co., 14 M. C. C. 613.
Applicants must establish the scope of their operations and the truth of every essential allegation in the application. Only established rights will be included in certificates.-Cossitt Bros., 6 M. C. C. 147.
Serving mining territory is similar to servicing of oil fields or moving household goods. Such operations within a sizeable territory are necessarily irregular as to points served and frequency of service. Not only services actually performed but the holding out to serve any point within the territorial scope of the operations must be considered.Eucalyptus Wood Co., 16 M. C. C. 468 (472).
In determining operations in which an applicant was engaged on June 1, 1935, the commission may consider transportation performed for a reasonable period prior to that date.-Moore Transp. Co., 3 M. C. C. 585*.
It is common knowledge, and as such may be judicially noticed, that service in commercial areas, Milwaukee, Chicago, Cincinnati, Detroit, cannot be efficiently and economically rendered over specific routes.-Cushman Motor Delivery Co., 12 M. C. C. 676 (678). 55. In foreign commerce. - The commission's jurisdiction extends to motor-carrier operation in foreign commerce only so far as such operation takes place in the United States.Winters, 3 M. C. C. 395 (396).
56. Only established service covered by clause. In applying the findings that the applicant only instituted regular route operation on May 29, 1936, and theretofore he had been engaged in quite different service over irregular anywhere-for-hire operation, abandoned after regular route operation was instituted, as not bringing the applicant within the "grandfather" clause, the commission properly construed the statute.-United States v. Maher, 307 U. S. 148*.
To authorize applicant to transport a larger number and variety of commodities than he had either transported or held himself out to transport prior to June 1, 1935, would amount, not to authorization of continuance of such op eration as he was engaged in on that date, but to extension of the scope of his operation.-Sasser, 4 M. C. C. 381 (384)*; Dakota Transp., Inc., 3 M. C. C. 621 (624)*; Carr, 2 M. C. C. 263 (265).
Trips that are isolated and infrequent do not entitled applicant to certificate under the "grandfather" clause.-Truman, 8 M. C. C. 785; System Ariz. Exp. Service, Inc., 4 M. C. C. 129 (134); Union Transfer Co., 11 M. C. C. 194 (200).
Evidence to support a claim to rights outside a general territory must be clear and convincing. Offline, incidental, occasional operations, not sufficient to support "grandfather"
C. 202 (204).
It was the intention of Congress by enactment of the "grandfather" clause rights.-Northern Motor Lines, 4 M. C. to preserve to the carrier its right to transport commodities or articles in commerce of the kind which it was transporting on June 1, 1935.-Eastern Carrier Corp. v. United States, 31 Fed. Supp. 232*.
That applicant transported general commodities prior to June 1, 1935 does not support inclusion of movement of gasoline, instituted early in 1936.Groendyke, 18 M. C. C. 307.
An occasional service, infrequently performed prior to June 1, 1935, unless such service is seasonal, is insuf
Shipments have not been handled to all points within the territory, but enough points have been served, and with sufficient frequency, to entitled applicant to operating rights.-McCoy Truck Lines, Inc., 6 M. C. C. 289 (291).
Though evidence failed to show bona fide operation except over the southern
route, applicants should be enabled to use the northern route whenever operation over the southern route is impracticable because of road or weather conditions. Cater's Motor Freight System, Inc., 2 M. C. C. 223 (227).
In defining the territorial limits of service involving but four specific commodities, a broader grant of authority is appropriate than in the case of services which involve the transportation of numerous commodities moving regularly to all points.-Coast Line Exp., Inc., 9 M. C. C. 427 (429).
Applicant not having held himself out to transport 1. t. 1. shipments, to grant such right would go beyond rights accruing to him by reason of his past operations, might encroach upon rights of carriers who have been serving the same points in 1. t. 1. traffic since June 1, 1935.—Slagle, 2 M. C. C. 127 (135). Evidence showing loads of less than 5,000 pounds have been invariably interchanged, that quantity will be taken as to minimum load which applicant may transport over routes authorized.
Highway Exp., Inc., 6 M. C. C. 673 (675). A carrier may restrict its undertaking to transport to specific commodities, but the act does not require the commission to specify in the certificates it issues the precise commodities to be transported, unless there is evidence that the carrier's undertaking was so restricted. Dixie Ohio Exp. Co., 17 M. C. C. 735 (744).
Weight to be given to an applicant's claims as to extent of its holding out to the public of an offer of service as a common carrier is dependent upon the extent of its actual operations in conformity with such holding out.-BeardLaney Hauling Co., 16 M. C. C. 281 (286); Reliance Trucking Co., Inc., 4 M. C. C. 594 (595); Jacobs, 16 M. C. C. 457; Dixie Ohio Exp. Co., 17 M. C. C. 735 (746); Rogers, 9 M. C. C. 83.
Holding out, as well as actual operation, of oil-field and household-goods carriers is considered because of the specialized service rendered by such carriers.-Aronson, 9 M. C. C. 433.
See Irregular routes, n. 54, this paragraph.
Infrequency of service for a particular point in movement of household goods, ment therefor, by tow-away method, reoil-field equipment, cars, chassis, equipquires that such carriers should not be held strictly to points actually served.Danbury, 17 M. C. C. 243 (245).
Authority of all household-goods car. riers, so far as the commodity description is concerned, should be precisely the same.-Practices of Motor Common Carriers of Household Goods, 17 M. C. C. 467 (472).
All that may be reasonably required is proof of actual operation to and from the termini and the more important points en route.-Nevitt, 4 M. C. C. 298; D. L. Wartena, Inc., 4 M. C. C. 619 (626).
Shipments to intermediate points and off-route points restricted to 5,000 It would have been impossible to have pounds or more, under established prac-operated in transportation of general tice.-Dixie Freight Lines, Inc., 10 M. commodities between all points throughC. C. 85.
Authority granted under the "grandfather" clause should reflect any limitation in the undertaking of common carriers as indicated by the service actually rendered on the statutory date.-Merriman and Hunter, 17 M. C. C. 283.
out the territory covered by the applications with any reasonable degree of regularity, considering the relatively small number of vehicles used. Authorization limited accordingly.-Beard-Laney Hauling Co., 16 M. C. C. 281 (286); Jack Cole Co., Inc., 17 M. C. C. 723.
Limitation upon applicant's services Although applicant owns and operto stipulate through movements without ates tank trucks, no proof was subinterchange would merely serve to limit mitted that liquid petroleum products the value of his service to the public; have been transported in interstate unwarranted.-Gorum, 18 M. C. C. 651. commerce; authority denied.—Consoli
dated Freight Lines, Inc., 11 M. C. C. 131 (134).
In authorizing service to off-route and intermediate points on regular routes, That the average distance between the commission has not required the the two routes may be only 18 miles same degree or exactness of proof as in does not establish "grandfather" rights respect of termini, nor expected that over a route over which no operations applicants would be able to show transwere conducted on June 1, 1935.-Eng-portation to and from such points of lish, 11 M. C. C. 293 (296). every commodity handled between their termini.-Knaus, 20 M. C. C. 669 (671).
Possibility of restricting the authority to handling groceries and like commod
To such a point as a small desert mining community a relatively infrequent service may be sufficient to constitute bona fide operation.-Hutchi-ities only when consigned to remote or son Transp. Co., 19 M. C. C. 433 (439). off-route mines or construction-camp Despite the paucity of proof with re- commissaries is not practical.-Hutchspect to service to Phoenix and Tucson, inson Transp. Co., 19 M. C. C. 433 (440). the commission cannot conceive of their not having been served in applicant's operation throughout the State; included in certificate.-Id., p. 436.
Sunday and Jewish holy day opera57. Off-route points.-An off-route tion, in passenger service, for which point usually is one served by line-haul applicant has exclusive right from the equipment making a short side trip and cemetery company to enter its ground returning as soon as possible to its reg- to pick up and discharge passengers, ular route and schedule. Service in- over a regular route between fixed tervolving haul of 150 miles is not off- mini, performed periodically, and furroute service; 25 miles approved.-Sys-nished to any member of the general tem Arizona Exp. Service, Inc., 4 public, is in the nature of a regularM. C. C. 129 (131). route seasonal operation.-Garden State Lines, Inc., 4 M. C. C. 253 (255).
Off-route Virginia points, 4 to 10 miles distant from the regular routes, authorized to be served.-Grove, 8 M. C. C. 477.
Seasonal special operation, see Sullivan County Highway Line, sec. 208 (c), n. 1.
58. Seasonal operation. — Under sec. 207 (a), n. 25; sec. 209 (a), n. 10, 30.
Certificate granted, to include offroute points within 25 miles of route described.-Rico, 4 M. C. C. 161 (163).
Glenwood City, Wis., 8 miles off applicant's regular route, although not actually served prior to the statutory date, was included on the route operated by applicants' predecessor. Operations thereto authorized.-Film Pickup Service, 10 M. C. C. 364 (368).
Separate authority to continue to operate between points over a specified route is only required when such points and routes are not included between other points on the same route for which continuance of operation is sought.White Horse Pike Bus Co., Inc., 2 M. C. C. 79 (80); Vermont Transit Co., Inc., 11 M. C. C. 307; New England Transp. Co., 12 M. C. C. 461; Inter-Carolinas Motor Bus Co., 21 M. C. C. 633.
Seasonal passenger operation authorized.-Balsam, 17 M. C. C. 205; general commodities.-New England Transp. Co., 12 M. C. C. 461; citrus fruits.Osborne, 13 M. C. C. 117; automobiles, nonnavigable season.-Metropolitan Convoy Corp. Extension, 10 M. C. C. 629.
Express service.-See sec. 203 (a) (9), n. 5, Express defined. Transferring packages handed to bus driver for delivery en route, consignee to be waiting at destination to accept it, failing, package to be brought back to the terminal, carrier assuming no responsibility, the charge one-way passenger fare, was not bona fide common carrier express service.-Garden State Lines, Inc., 4 M. C. C. 253 (257).
60. Operation in connection with other business. Transportation by
rail, of railroad-owned commodities, see tail fuel and local cartage business.sec. 1 (8) and notes. Adams Transfer & Storage Co., 14 M. C. C. 613 (615).
For further like authorizations, see sec. 207 (a), n. 25; sec. 209 (a), n. 29. Applicant, granted certificate, is engaged in the securities business in New York City.-Schwab, 3 M. C. C. 490.
Applicants' principal occupation is that of a general commodity broker; authorized.—Jarvis & Harness, 2 M. C.
General store operator authorized.Trenis, 6 M. C. C. 283.
Operator of a storage warehouse, engaged also in stevedoring, authorized.— Barhite, 9 M. C. C. 91.
Applicants, engaged in the excavating business, authorized.-Senior and Sullivan, 13 M. C. C. 158.
Partners in transfer and storage business, authorized.-Hibbing Van Transfer Co., 1 M. C. C. 540.
Owner and operator of a storage warehouse authorized.-Dougherty Storage & Van Co., 3 M. C. C. 427; Barrett, 9 M. C. C. 269; Krieg's Exp. & Storage Co., Inc., 9 M. C. C. 358; Tyler, 13 M. C. C. 377.
Applicant, buying and selling coal, authorized to operate.-Patterson, 12 M. C. C. 312 (315); Murphy Transfer Co., 9 M. C. C. 361 (362); Courtney, 19 M. C. C. 429.
Applicant has a cotton gin, feed mill, Applicant, authorized to continue op- and general merchandise business. Aueration, is also engaged in storage, re- thorized.-Thompson, 13 M. C. C. 129.
Regulations of Commission
On July 1, 1938, the commission issued Rules 1 through 7, covering transfers of rights to operate, effective September 1, 1938.