f- Record No, 5618

In the Supreme Court of Appeals of Virginia at Rickiiioiid

ATLANTIC GREYHOUND LINES OF VIRGINIA, INC., ET AL.

V.

SILVER FOX LINES, ET AL.

FKOM THE STATE COETOTlATION COMMISSIOK OP VIRGINIA

BULE 5:12—BRIEFS §5. Number of Copies. Twenty-five copies of each brief shall be filed with the clerk of this Court and three copies shall be mailed or delivered by counsel to each other counsel as defined in Rule 1:13 on or before the day on which the brief is filed. §6. Size and Ttpb. Briefs shall be nine inches in length and six inches in width, so as to conform in dimensions to the printed record, and shall be printed in type not less in size, as to height and width, than the type in which the record is printed. The record number of the case and the names and addresses of counsel submitling the brief shall be printed on the front cover. HOWARD G. TURNER, Clerk.

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Record No ... 5618

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;_~:/);/:_;;···.· ~~-~~{i ~.J::.··•• /: 2 Supre1ne Court of Appeals of Virginia RECORD • • • Virg·inia. State Corporation Commission Office of Commerce Counsel. Case No. 15826 July 23. COlVIl\IONvVEALTH OF VIRGINIA

STATE CORPORATION COl\i~IISSION Application for a Certificate of Public Convenience and Necessity under Chapter 12.4 Title 56, Code of Virginia as a Special O'r Chanter Party Ca:rrier. To the State Corporation Commission, Richmond, Va. Application of Silver F.ox Lines for a certificate of public convenience and ne.cessity as a restricted common caNier· to transport passengers in special or chaTter p®rties. Business address (street and number) Riverside Drive City, or Town, and County Danville, Pittsylvania. Application is Corporation doing business undefl' the trade name of Silver Fox Lines. If corporatioo or pa:rtnership, give names and ·addresses of offieers of corporation, or all partne'rs. If partnership attach true and exact copy <>f. pa,rtnership agree1nent under which the business is or will be conducted, marked Exhibit X. 1\f. A. GuthTie, Yanceyville, North .CaJrolina, President; Helen W. Guthrie, Yanceyville, North Ca:rolina., Secretary and Treasurer; J. E. Guthrie, Blanehe, North Carolina, Vice President; .T. Bryan Tate, Registered Agent. Applicant desires to trans·port passengers in special charter parties from: Danville, Virginia to points and places in the State of Virginia. Applicant asserts the certificate applied for should be g-ranted for t.he following reasons: Present charte.r services from Danville to points and places in the State of Virginia are inadequate. The applicant holds ra ·Certificate of Con­ venience and Necessity to transport passengers in interstate commerce and ha.s vehicles available to take eare of charter demarn.ds covering the raJrea tha.t it seeks to serve. Atlantic Greyhound Lines v. Silver Fox Lines 3

Additional pertinent information may be attached to ap­ plication. page 2 ~ Applicant attaches, in duplicate, marked Exhibit .li., the number of vehicles proposed to be operated, with a. staten1ent for e1ach vehicle containing the following deseription:

Kincl-~Iake-Type-Rated Capa.ci ty-Length-Width­ lieight-Number of Seats; and statement of the State High­ way Commission that the law applicable as to the proposed route or routes has been complied with as to size, weight and type of vehicles to be used. Applicant attaches, marked Exhibit B, complete s1tatement of financial condition. Applicant. attaches marked Exhibit C, tariff of rates pro­ posed to be applied if application is granted. Applica111t agrees to comply wit11 the provisions of Chapter 12.4, Title 56, Code of Virginia and with all applicable rules and regulations preseribed by the ·Comnrission in accordance the·rewith.

(Signed) SILVER FOX LINES By M. A. Guthrie Title President Dated at. Danville, Virginia, this 11th day of June, 1962. Sta.te of 'Virginia, City of Danville, ss :

Personally appeared before n1e, Laverne ~L Wright, a Not.ary Publi0 in and for the State and City aforesaid M. A. Guthrie who, being duly sworn, deposes and says that he is* President. of the applicant in the above proceeding; that he has read the foregoing application and knows the contents thereof, and tha.t the statem.ents made therein are true to the best of his knowledge amd belief.

~Iy Commission exp~res ·?n the 19th day of September, 1965. Given under my ha.nd this, the 11th day -of June, 1962.

LAVERNE ~I. WRIGHT Notary Public.

*If applicant is a corporation, insert "president of the" or "secretary of the." If a firm or partnership, insert "one of the." page 3 ~ EXHIBIT A COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS CASE NO. 15826. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BEFORE THE STATE CORPO­ RATION COMMISSION, UNDER THE VIRGINIA MOTOR CARRIER ACTS OF 1936 (Chapter 129, Acts of Assembly, 1936) To Department of Highways, Richmond. Virginia Name of Applicant SILVER FOX LINES Business Address (street and number) Riverside Drive City or Town and Countr Danville, Pittsylvania Applicant Desires Approval on Following Motor Equipment Kind (Bus, Truck, Trailer, Semi- Number Trailer, *Gross of No. Tractor) Loaded Length Width Height Size of Tires **Number Weight Make Motor (In (In (In Tires Used Number Feet) Feet) Feet) Connected 1 Bus 15,750 lb. Aero Coach 16990 34 8 10'5" 1000 X 20 6 2 Bus 20,500 lb. ACF IC 41986 36 8 11 1100 X 22 6 This approval is based on the vehicle or vehicles involved not exceeding the statutory weight limits allowed by Section 46.1-339 of the Code of Virginia. In no case is this approval to apply to the operation of any equipment over any road or bridge in excess of the legal posted weight limits. *Weight of vehicle and load including passengers **As example: No. 5-Tractor used connected with No. 9 Trailer. In column put "5-9." Approved-As noted above (Signature) SILVER FOX LINES By M. A. GUTHRIE DEPARTMENT OF HIGHWAYS Title President By ············································ Date June ll. 1962 Traffic and Planning Engineer Date of Approval June 27, 1962. ORIGINAL AND TWO COPIES MUST BE FILED TOGETHER WITH ONE COPY OF STATE CORPORATION COMMISSION FORM MC-4 Atlantic Greyhound Lines v. Silver Fox Lines 5

page 4 ~ EXHIBIT· B. ·C. H. HAR.VILLE Dial 793-4522 President SILVER FOX LINES 1106 Riverside DTive-D.A.NVILLE, VIRGINIA SILVER FOX LINES, A CORPORATION BALANCE SHEET AS OF DECEJ\:fBER 31, 1961 ASSETS CURRENT ASSETS: $ $ American N ationa.I Bank & Trust Company 2,606.58 Undeposited Cash 45.54 Petty Ca.sh 10.00 Ac.counts Receiva.ble 539.34 'TOTAL CURRENT ASSETS: 3,201.46 'B..,IXED ASSETS : Rolling Equipment 1,500.00 Reserve for Rolling Equipment 1,500.00 none Office Furniture 89.45 Reserve for Office Furniture 89.45 none ·Organization Expense 282.00 Reserve ( Alnortiza tion) Org. Exp. 282.00 none Franc.hise and Operating· Rights 500.00 TOTAL FIXED ASSETS: 500.00 DEFERRED· A.SS-ETS: Deposit on Corntra.cts 100.00 TOTAL D·EFERRED ASSETS: 100.00 TOTAL ASSETS $3,801.46 6 Supreme Court of Appeal~ o~ Virginia

LIABILITIES CURRENT ASSETS: Accounts Payable-Trade 475.882 TOTAL CURRENT LIABILITIES: . 475.8:2 NET WORTH: Capital Stock Outstanding 3,000.00 Plus Surplus Account-Fiscal year end 9/30/61 327.67 Less-Loss Tern1 (1st Quarter-10/1/61- 12/31/61 {2.03)

TOTAL NE'V 'VORTII: 3,325.64 TOTAL LIABILITIES $3,801.46 page 5 ~ EXIfiBIT C. (No supplement will be issued to this tariff except for the purpose of cancelling the tariff, unless othe·.rwise specifically authorized by the Connuission). SILVER FOX LINES Danville, Virginia CHAR.TER CER.TIFTCATE NO. CHARTER P .ARTY CARRIER PASSENGER TARIFF NAMING CONTRAtCT CHARTER FARES AND RULES AND REGUL.AT'IONS COVERING SAME FROM CITY OF DANVILLE TO POINTS AND PLACES IN STATE OF VIRGINIA ISSUED : July 23, 1962 EFFECTIVE : July 25, 1962 Issued Bv SILVER FOX.,LINES Riverside Drive Danville, 'ri,rginia Atlantic Greyhound Lines v. Silver Fox Lines 7 page 6 ~ SECTION A Rule No. RULES AND REGULATIONS 1 CONTRACT CHARTER FAR.ES: (a) Fares ·shown herein are contract charter fares shown in dollars and pay­ able in lawful money of the United States. (b) Fares are computed front point where charter pa.rty is picked up to point of destination and return.

2 CLAil\fS: This ea1'~rier will not be liable for delays caused by accidents, breakdowns, bad conditions· of the road, snow storms and ·ot.he·r conditions beyond his control, and does not guarangee to arrive a.t or depart from any point at a specific time. 3 OBJECTIONABLE PERSONS: This carrier reserves the right to ·refuse to transport a person under the influence of intoxicating· liquors or drugs, or "rho is afflicted with a contagious, communicable or Ioa.theson1e disease, or who is incapable of taking care of himself or herself or whose con­ duct is such or is likely to be such as to make him or her objectionable to other passengers. EXCEPTION: This rule does not apply to persons who are otherwise ill and acC'ompanied by an attendant or nurse. 4 ANIMALS : (a) Except a.s provided in paTagraph (b) be1ow, dogs, oat~s and other live anima.ls or birds ·will not b~ carried. (b) A dog- trained f·or the .purpose of, and accom­ panying a .blind person, (paying regular fare) not accom­ panied by a seeing attendant, ·will be carried free of eha•rge when propeTly harnessed and muzzled. Such dog will not be permitted to occupy ta. seat but must lie or stand at the feet of its master 01: mistress .

.page 7 ~ SECTION B CONTRACT CHARTER. FAR.ES FROM CITY OF DANVILLE . TO POINTS AND PLACES IN STATE ·OF VIRGINIA • 8 Supreme Court of Appeals of Virginia

DANVILLE, VIRGINIA (base point) Minimum Charter Charge (Per Day) ...... $40.00 Charge Per Mile...... 0.45 (All cha.rges computed f.rom point of origin of charter party. No cha1·ge made for dead-head nrlleage.) page 8 ~ • • • • • CITY OF RICHMOND, JUNE 15, 1962 CASE NO. 15826. lipplication of SILVER FOX LINES For Certificate of Public ·Convenience ·and Necessity as a Special or -Charter Party Carrier. Application having been made to the State Corporation CommiSISion by Silver Fox Lines to operate motor vehicles as a ·special or cha.rter parly carrier from the following origin point: City of Danville, •and it appearing proper tha.t this applica­ tion should come before the Commission for a hearing; IT IS ORDERED, That the application be, a.nd it is here­ by, docketed for hearing before the State Corporation Com­ mission in its courtroom in the Blanton Building in the City of Richmond at 10 o'clock, a. m., Ea.steTil Daylight Time, on July 23, 1962. IT IS FURTHER OR.DERED, That the applicant give notice of sraid application and the time and ·place of hearing thereof by registered or certified mail, return receipt re­ quested, using Fonn Me-4, on a.n officer o·r o'vner of every special or charter party carrier ·of pa.ssengers 'vhose main terminal is in the county or city from 'vhich the applicant proposes to ope-rate, on the Department of Highways and on Atlantic Greyhound Lines 'T· Silver Fox Lines 9 the mayor of the City of Danville at least thirty days before the hearing.

A True ·Copy. Teste: WILLIAM C. YOUNG Clerk of State Corporation Commission. page 9 ~ • • • • •

CASE NO. 15826. Application of SILVE,R FOX LINES For Oertifieate of Public Convenience and Necessity as a Special or Charter Party Carrier.

Present: Commissioners Jesse W. Dillon (~Chainnan), H. Lester Hooker (Commissioner Hooker presiding).

Appearances: R. Paul Sanford, ~counsel fo:r Applicant, Raymond H. 'Yarns, Counsel for Virginia Stage Lines, Inc., Interve.ne·r, John C. Goddin, Counsel for Atlantic Greyhound Lines of Virginia., Inc., Intervener, William C. Seibe·rt, Com­ merce Oounsel for the ·Commission. Date of Hearing July 23, 1962. page 10 ~ Commissioner Hooker: All right, Mr. Sanford. Mr. Sanford: I finst want to show proof of service on various and sundry operators in our area, the Vir­ ginia Stage Lines, Carolina Coach Con1pany, Atlantic Grey­ hound Lines of Virginia., Inc., Thomas W. Howerton, R. H. Gauldin, and Cha:rles William Stevens. Except for Vir­ ginia Stage Lines, Atlantic Greyhound, and ·Carolina Coach 10 · Supreme Court of Appeals of Virginia ·.

Malcol-m H. Guthrie. Company, the othe,rs are operaiors that have opeDations out of Danville. ·Commissioner Hooker: They will be received as Exhibit A. l\{r. Sanford: This Application pf Silver Fox Lines, which is an interstate Gal"rier, is for intrasta,te right,s as a charter carrier from Danville in principal and Pittsylvama County to points and pla.ces in the State of Virginia.. It is not the in­ tention <>f Applicant to seek business anywhere except Dan­ ville a111d Pittsylvania ·County for transporting to points in the State. In other words, w~ are. not in c~m.petition with Vi-rginia. Stage Lines, Carolina Coach Company or Grey­ hound. It would be only in the .City of Danville or Pittsyl- va.nia Oounty. page 11 ~ I believe \Ve do not have too n1any witnesses here, but do have some letterts from a. few very important people there in Danville in rega.rd to the service. These letters will be introduced a.t. the proper time. Commissioner Hooker: Do you wish to make an opening statement, ~fr. warns y ~fT. 'Va.rns: No. Commissioner Hooker : 1tf.r. God din? ~fr. God din: No. Commissioner Hooker: Proceed with y-our e'iridence·. page 12 ~ }IALCOL~I H. GUT·HRIE, . a. witness introduced on behalf of Applicant, be- ittg· first "duly sworn, testified as follows:_ .

DIRE·CT EXA~fiNATION.

Bv ~{r. Sanford: ·Q. For the record, 1\fr. Guthrie, give us your full name. A. Malcolm H. Guthrie. Q~· vVhere do you live? A. Y a.nceyville, North Ca:rolina. Q. What connection do you have with Silver Fox Lines 1 A. I am President. Q. As President of Silver Fox Lines, have you made ap­ plication for a. certificate which will permit you to have charter Se•rvice from Danville to points and places in t.he State of 'Tirginia' A. Yes, sir. Q. How long has the Silver F!ox Lines, a.s a col'poration, had an interstate certificate, do you kn<>wf .A.. tlantic Greyhound Lines v. Silver Fox Lines 11

IJf alcolm H. Guthrie.

A. Ever ~ince I can re1nen1ber. Q. As a corporation? page 13 ~ A. Tha.t. ''Ta.s back in 1957. Q. Prior to tha.t time it was· operated by Mr. Harvey Newn1.an, and prior to thai time by :M::.r. Lewis New- nla.n, was it not 1 · A. Yes. Q. Do you have any intrastate authority in ·virginia pres- ently? A. No, sir. Q. 1\fr. Guthrie, what buses do you have tha.t would be available for the servi(le you p:ropose to render? A. I have an A:OF and an Aero Coach. Q. Are the buses you mentioned c.overed under your Ex- hibit A as the two buses tha.t you Tefer to7 A. Yes. Q. Do yon have more buses? A. Yes, I have one which I run on my regular runs. Q. But those two would be ava.ila:ble for charter service¥ A. Yes. Q. Now, as Exhibit B, that is your financial statement fi_led wHh your applic.a.tion. 1\Ii·. Gutl1rie, I show you page 14 ~ this Exhibit B and ask you if that is your financial statement, and does that properly reflect t11e concli­ tion of your Oompa.ny? · A. Yes, as of Decen1be1· 31, 1961. Q. In event the service requil'es it, (lOuld you get additional buses? A. Yes, sir. . Q. I show you this. This was flied witl1 the application a.s a.n exhibit showing the p1·op:osed passenger tariff a.nd fa.res, a.ud so forth. I '\\ill a.sk you to examine t.hnt and state whether or not they .a.re tl1e passeng·er fares you expect to put into effect. in c-ase the application is g'ranted as well as the rules and regulations governing same 1 A. Yes. With the exeeption of one, I do ha.ve a deadhe-ad n1ileage of thirty cents out of tl1e Oit.y of Danville.

Chah·n1an Dillon: Th~1·e is no. c.harge for de·adbead mile­ age! A . .According- to the -ta.riff, in the· ICC Tariff, it is tl1irty cents out of Danville, which sl1ould be listed. as the equip­ niCnt. mileage. 12 Supreme Court of Appeals of Virginia

1J1.alcol1n H. G·ufhrie.

page 15 ~ Af.r. Sanford: . Q. That is not shown on this t A. It is shown here, ''No charge made for deadhead mile­ age.'' Commissioner IIooker: \Yhat should it s·ay?

A. According to the lCC ruling, it should be, "Equipn1ent points, thirty cents.'' Mr. Warns: If Danville is the equipment point, then it is restricted to Danville, with no deadhead mileage to be chaTged. Chairman Dillon: How about Pittsylvania County Y Mr. Warns : That is not mentioned in the applicntion? A. No. Mr. W a.rns: As I understand it from counsel, he intends to originate a.t Danville, which is in the County of Pittsyl­ vania. Mr. Sanf()rd: Danville is the application to points and places in Virginia. 1\f.r. Sanford: Q. Please tell us of any applications you have pag·e 16 ~ had from Danville to points and places in Vir­ ginia for your service? i A. I have had seve:ral to call and want a passenger bus, pa.rtieularly on the \veek of the Fourth. Q. Whe·re did most of tl1e demand come from.~ A. T'he one on ·the Fourth was ,Churches wanting to go to picnics and parks, and the bigg·est demand in school tilnes is from the schools. Q. Have you been cont.acterl by the George \Vashington High School? Mr. Goddin : \Y e object to the leading questions by coun­ sel. 1\Ir. Sanford: Q. By \vhom have you been contacted for .service during school time? A. By the Athletic Directors of the Geo·rge Washington T-Iigh S.chool and Lang·ston High School. Atlantic Greyhound Lines v. Silver Fox Lines 13

Illalcol1n H. G-u~tlwie. :J\lr. 'Varns : I am not entirely familiar with your practice, but it would seen1 to n1e that any evidence with rega.rd to public need should be supplied by the individual himself, and not by t11e Applicant. Chairman Dillon: 'ye have never required that page 17 ~ as such. ''-l e ha.ve always permitted the Applicant :to tell about the den1-and he has had for service. Mr. Wa:rns: Then I withdraw my objection.

Mr. Sanford: Q. There are a number of carriers in. Danville that have authority to take charter parties from Danville to points and places in Virginia. So far as you know, are those carriers }rQcated in Danville able to take care of the needs for the cha.rter operation Y A. I have had calls saying that they had been refused a bus a.t the time of need, and I have talked to the individuals who said that they had actually been refused. Q. I believe 1\{.r. Gibson, .o.f Gibson Bus Lines, is present. Does he have a charter line? A. Yes, sir. Q. He is with you today? A. Yes. Q. Now, I show you son1e letters, and I am sorry I don't have copies ·of then1, l1ecause I did not see tl1em until this morning ntyself, but I did not expect this opposition this morning.

page 18 ~ 1\Ir. 'Va.rus: l\Iay I have a moment to read them? Commissioner Hooker: Yes, go ahead. 1\Ir. W a:rns: A..re these gentlmnen presernt? Mr. Sanford: N'O. ~Ir. Goddin: Then we are objecting to their introduction. Commissioner Hooker: He did not ask foT them to be in- troduced as evidence, but only for what they are worth.

~fr. Sanford: Q. Did you receive t.bose lette.rs from people in the Ci·tv of Danville? " A. Yes. Q. Please sta.te whom they a.re from. A. One iJS from Eugene C. Strybe, of the Ge.orge 'Vashing­ t.on High Scl1ool Brand. He is the Direc.to·r of the Band. One is from 1\fr. T. P. Horiser, ,Jr., Assistant Principal of George 14 Supreme Court of Appeals of Vhginia

Malcolm. H. Gu.thrie.

"rashington High School; and one is from W. P. liarris~ Athletic Di·recto·r of Langston High School at Danville. Q. That is the colored school there t. A. Yes. page 19 ~ Q. And the George vVashington High School, is that the only white school in the City of Danvilleol A. It is the only white high school that has outside activi- ties. Q. When did you ta.ke over the Silver Fox Lines? A. Maroh 1st, of this year. Q. Prior to that thne had you had experienCJe in transpor- tation business in Virginia f A. I worked for Mr. Gibson, of the Gibson Bus Lines. Q. Where does he operate Y A. The operation is out of Danville. Q. It is a. short. line out of Druuville? A. Yes, sir. . Q. Do you know the situati-on with Gibson, or what his coilllect.ions n1aiY be with the Greyhound Corporation? Mr. Wa.rns: I would think since Mr. Gibson is present in the hearing roon1, he eould testify as to that himself. Mr. Sanford: I will withdraw tl1e questioo.. Commissi·oner Hooker : Let him testifv a bout page 20 } that. ~ Mr. Sanford: Q. You say you have a number of inquiries with referenc.e to charter service? A. Yes. Q. Tell us how ma.ny and how often you l1a.ve had those inquiries . .l\ .. I would imagine it would be close to an average of two a week. I oould not take care of them, so I had to refer them to somebody else. Smne weeks you get n1ore, and son1e weeks you don't get rany. Q. The Tra.ilways, which is the Virginia Stage Lines, and Carolina Coach Company operate out. of Danville today, but clo thev have t.he same tyPe of buses t.hat you expect to use? A. No, sir. I an1 afraid not. Q. Are their buses poorer or better? A. They a.re much better. Q. They c.an furnish a better class of service? A. Yes. Q. So fa.r as you know, does the Atlantic Greyhound have Atlantic Greyhound Lines v. Silver Fox Lines 15

Malcolm H. Guthrie. any buses available for charter service in the City page 21 ~ of Danville? A. Not to my kno,vledge. · Q. M·r. Guthrie, if this certificate is granted, will you abide by the rules and regulations of the State Corporation Com­ mission? A. Yes, sir.

~Ir. Goddiu: l\Iay we inquire if th.ere are to be other wit- nesses? Mr. Sanford : Only one n10re. 1\-fr. vVa:rus: Is that lVI 1·. Gibson f 1\-Ir. Sanford: Yes.

CROSS EXA~ITNATION.

Bv ~f.r. Godclin: .. Q. As a ·result of the inquiries from the George vVashing­ ton High School and the Lar.ngston High School, did you have any conversations with those people who addressed these letters to von? A. Yes, "'sir. Q. Did they indicate that Atlantic Greyhound Lines of Virginia, Inc. had failed or refused to supply them ~vith buses? A. They said at times they had been refused page 22 ~ to the. extent tha.t they had to use private automo­ biles. Q. Did they say they had been refused by the Atlantic Greyhound Lines? A. They did not. sa.v that. They said that at times they had been .. refused. .. Q. Do you know 'vhether they ever called on Greyhound? A. No. Q. So yon don't know whether they have been refused by Grevhound or not? A: No mQ.re than that they said they could not get any buses at all, so they had to use private passenger cars. Q. But they did not tell :vou that they had tried to get buses from Grevl1ound "' A. No.. . Q. Frmn whom did you also get these calls that averaged two calls '8 week! A. I could not name the •names, because I knew I could not do the w·ork 16 Supreme Court of Appeals of Vh·ginia

1J1alcol·m H. (fuJhrie. Q. Could you name any of them' A. William Dunn. page 23 r Q. vVho is he 1 A. He is a colo:red fellow. Q. To whom did you refer him Y A. I referred him to 1\fr. Gibson, or anyone he wanted to call who had a certificate. Q. Do you kno'v whethe·r you referred him to ~Ir. Gibson f A. Yes. Q. Did you call anybody else '.s name in particular, other than Mr. G~bson Y A. No, sir. Q. Do you know whether be got the seTvice? A. No. Q. Do you know whether he called Atlantic Greyhound LinesT A. No. Q. From ·whom else did you get a call Y A. From Ellis Tanner. Q. "That happened in his instance, the same thing? A. The same thing. Q. Any more' page 24 ~ A. I could not name those. Q. You could not name another one? A. Not right off, I could not. Q. One other question, 1\{r. Guthrie; in your financial statement, your exhibit of your current assets, Y'OU have, ''American N ationa.l Bank & Trust Com,pan.y $2,606.58. '' Does thalt mean that that is cash on cleposi t in bamk ~ A. Yes, as of December 31st. Q. l-Ias there been any change in that situation? A. Yes. Q. 'Vhat is the present condition Y A. I have added a.bout Three Thousand Dollars to it, but I also bought a couple of buses. Q. 8o you do l1ave equipment obligations not reflected in this finam.cial statement? A. N o"r' yes, 1sir. CR.OSS EXAMINATION. Bv Mr. Warns: ·Q. I have a few questions to ask. Do you work solely for the Silver Fox Lines? Atlantic Greyhound Lines v. Silver Fox Lines 17

Malcol1n H. Guthrie. A. No. Q. Ho,v many hours a \veek do you s.pend on page 25 ~ your activities with the Silver Fox Lines Y A. That would be hard to say, but all I feel I need to s·pend in the WO·rk I have to do. Q. What. is youT other operation? A. I am Service· Manag-e-r for the Danville International Trnck Center. Q. Would it be fair to say that your primary <>ooupation would be that. of Service Manager of this organization Y A. Yes. Q. Fron1 the standpoint of income, you receive much more f~om that duty than you do from Y'OUT activities with the Silver Fox Lines? A. Yes. Q. What association does Silver Fox Lines have with Mr. Gibson? A. None. Q. 'Vould you say you spent an hour a. day working for Silver Fox Lines! A. I would say ·two and a half to three hours a day with SilveT Fox. Q. Do you drive? pag·e 26 ~ A. On a ·reg-ular runT Q. Yes. A. No. Q. Yon drive on the charter runs? A. Yes. Q. Silver Fox Lines is a short line f A. Yes, between Danville and Yancevville. Q. How far is that! .. A. Thirty miles. Q. That is Yanceyville, N ort.h ·Carolina? A. Yes. Q. And you actually live in Yanceyville? A. Yes. Q. ''lflere do you maintain your g-.a:rage? A. We do all of our 'vork at the Danville InternaHonal Truck Center. Q. D.o you personally kno\v the individuals ''rl1o signed these three lettel'!s, J\{T. Guthrie? A. Yes. Q. Did you call them and ask that these letters be sent to you? 18 SupTeme Court of Appeals of V~rginia

Robert Lee Gibson. A. I called and asked if there was a need, and page 27 r they so stated. Q. Do you know whether or not these gentlemen have the authority of the Principals of the various High Seh<>ols to write these letters Y A. I have no idea, but I would suppose so. Q. These ge1;1tlemen are a.ss·ocia.ted with the Athletic De- partments! A. Yes. Q. None of them is Principal of the School? A. I don't know. Mr. Sanford: Mr. House1· is Assistant Principal. llr. Warns: Q. With respect to the inquiries in rega:rd to service, would it be fair to assume the individuals who called you, and were directed by you to some othe·r ca•rriers, were able to obtain the service from another carrier t A. I don't kno"T. Q. It is possible that they we·re able to obtain t.ha.t service? A. It is possible that they did. "\Vitness stood aside.

page 28 ~ ROBERT LEE GIBSON, a 'vitness introduced on behalf of Applicant, being first duly sworn, testified as foUows: DIRECT EXAlfiNATION. By l£r. SanfoTd: Q. State your full nrame for the record. A. Robert Lee Gibson, Callands, Virginia. Q. Do you kno'v Mr. Guthrie, who has just testified? A. Yes, sir, I do. Q. I did not identify by him the Danville International Truck ·Cente·r. Where is it located? A. On Riverside Drive. Q. In the City of Danville? A. Yes. Q. Mr. Gibson, ao you hold a certificate from this Com­ mission which permits you to handle chart~·r parties t A. I do. .A tlautic Greyhound Lines v. Silver Fox Lines 19 Robert Lee Gibson. Q. How long have you held such a certificate? A. I got it under that you call the ''Grandfather Rig·hts." Q. By \vhat company was that transferred to page 29 ~ von~ ., A. I bought it f·rom Franklin Turnpike· Com- pany. Q. Have yon been engaged in that type of business since tha:t time? A. Sinee 1956. Q. Callands is how· fa.r fron1 Danville·? A. Twenty-five miles. Q. Do you or not oonside.r Danville your headquarters 1 A. I keep the buses there most of the time. Q. I-I ow many buses do you operate 1 A. Four. Q. Do you have an operation fron1 Danville to Oallands f A. Yes, I do. Q. Is t.ha.t under your operating Tights or the operating t·ight.s of someone else~ A. Under my Q\Vll Tights. I have lights from Danville t.o Rocky 1\Iount, Virginia. Q. "\Vhere did you get the operating rights from Dan­ ville to Rocky Mount? A. From Abbott Truck Line-s in Roanoke, who got it from Greyhound. page 30 ~ Q. At. any rate, you have operated charter serv- ice since 1956! A. Yes. Q. Do you think you are familiar with the demands for chaTter service in t.he City of Danville? A. Yes, I do. Q. "\Viii you tell the ·Com1nission whether you think there is .a need for the service that Mr. Guthrie is offeringf lfr. "\Varus : If the Commission please, here we have a oo:rrier \vith a similar certificate to that \vhich is now applied for, and testifying in support of another Applieant. Would it be possible f<>'r this gentleman to state his position, whether 11e is here as a. \vitness for the AppHcant, or need for further flervice? Commissioner Hooker: Read the question. Note : Question read as follows : 20 Supreme Court of Appeals of Virginia

Robert Lee Gibso•n. Mr. Sanford: Q. Will you tell the Commission 'vhether you think there is a need for the service that Mr. Guthrie is off erring~ Commissioner Hooker: He may alllSwer.

page 31 ~ A. It is quite often that I have to lease ~Ir. Guthrie's bus. Q. Vlhat is your answer to the question then, that there is a need .or not a need? A. There is a. need; at times "re can't get the buses we need. Q. And you say y.ou have had requests for service, and have not been able to give it? A. Yes, ·at my rate. Q. Is your rate similar to the rate offered by ~Ir. Guthrie, the same rate? A. As I understand it, yes. As I understand, when you lease a bus, you have to charge your ta.riff only, no maltter what his tariff is. I have to charge my tariff. Q. I am talking a:bout the tariff he is offering to use as his own tariff? A. Yes. Q. Is that the same tariff you are operating under no,v 4? A. No, it is some· higher. Q. How does his tariff compaTe 'vith the Trail­ page 32 ~ 'vays' tariff? ' A. It is not as much as the Trailways. I do not f know too n1uch about Trailways. r Q. Do TTailways have a different type of equipment T A. Yes, they do; they have larger and better equipment than we have. Q. I have not asked you about this, but do you know Mr. IIouse:r, the Assistant Principal of George Waship.gton High School~ · A. Yes. Mr. W a,rns: These letters were submitted to the othe.T witness, and I see no reason to submit them to this witness. Commissioner Hooker: There is no reason to ask him about those. Chairman Dillon: He 'vould probably ask him if he knew who they were. Atlantic Greyhound Lines v. Silver Fox Lines 21

Robe1·t Lee Gibson.

~fr. Sanford : Q. I "~otlld ask hhn if he had had any requests from him for s~vice. A. Yes. page 33 ~ Q. IIave you had requests you were unable to pe·rform? A. I could not sav over the years. I have turned down right many people. " · Q. You don't know 'vhether you turned hhn down or not? A. No. Q. Do you know enough about ].fr. Guthrie to. say whether or not you think he is a. good opera.toT or bad toperatorY A. I think l1e is all right. Q. Y:ou think he is· a good ope·rator Y A. Yes, I think he is all rig~t.

CROSS EXA~IINATION. By Mr. Goddin: Q. 1\fr. Gibson, as I m1dersta.ncl it, you are the holder of a special or charter party certificate issued hy the Commission? A. Yes. Q. And you are actively engaged in that business? A. Yes, I have a oomn1on carrier certificate also. page 34 ~ Q. You mean you operate as a ·regular type common carrier operator in addition to the opera­ tion you conduct as a charter party earrierY A. Yes. Q. vVith respect to the charter operations, can you tell us when was tl1e last time you had a call fr.om an a.utho·rized rep­ resentative in any department of the George "r ashington I-Iigh School? A. Not -since school was out. Q. Tell us when was the last. time you had such ·a call. A. I ean 't recall the date, hut I do recall the date I turned them down. It 'vas to Lynchburg that. I bad to turn them down. T·hey were having some sort of band conrc.ert up there. Q. You turrned them down because you did not have suffi­ cient equipment Y A. No, I did not have any. Q. You turned them down, but did y;ou attempt to lease any equipment Y A. I had already leased buses that day. 22 Supreme Court of ..A .. ppeals of Virginia

Robert Lee Gibson. Q. Did you undertake to lease any n1ore! page 35 ~ A. There was no one except Greyhound or- Trailways from whom I could lease. Q. Did you ·refer them to Trailwa;ys Y A. They "·ent to see Trailways, and got it. Q. Do you know of any instance where the people who normally charter buses have been unable to get service either· from the Grevhound Lines or Traihvays 7

A. I would be afraid to say. & Q. Can you sa;y whether you know or not? A. I w.on~t. say either way. Q. Anybo~ that wants to charter a bus has been able to get one from those three soU'rces·Y A. I have heard of times tl1at they could not get ·them. Q·. 'Vhen was that? A. Last year sometime. I hea.rd the band-leader talking, and he said there were no buses at Greyhound or TraihV'8.ys either, that. all of them were out. Q. What happened to them then? A. They done without. Q. When was that, ''last year or sometin1e''; do you mean 1961 or 1960 Y page 36 } A. 1961. Q. What ·time· during 1961? A. During the school season, I would not say 'vhen. Q. Do you know whether a year ago, or a year and a. half' agoY A. It would not have been a. year ago. It 'vas in the last ~~ school session. Th81t is aU I can sa;y. Q. Do you kno"r whether in the fall or "inter o-r springf· A. It was in the fall. Q. Now, who was the ba.ndleader Y A. Mr. James Strybe. Q. I don't presume he is here today? A. No. Q. Can you tell us of any other instances, ~{r. Gibson? A. No, I could not tell you no other right now. Q. And is the same thing true with respoot to people other than tl1e two high schools that have been mentioned today? Do you know of any others that have been turned page 37 ~ down? A. I have tu·rned tl1em down. I do not know whether t.hey ha.ve been turned down a.t other pla.ces or not. Q. The instances you know of, the only one ir& the one last yea.rY Atlantic Greyhound Lines v. Silver Fox Lines 23 R. A. Trice . .A... I've had a lot of them. Q. Do you know of any instance where anybody could not get charter service Y A. No. CROSS EXA}fiNATION.

Bv ~Ir. Seibert: ., Q. Is your reason for wanting t11is other carrie~r in there solely because you can lease his equipment Y A. There are times when I need him to help out. Q. And you would like to have him the•re so y()u can lease his equipment? A. There is a difference in the rate. Q. What is yours Y A. Thirty-five to thirty-seven cents. Q. And his is forty-five cents? A. Yes. page 38 ~ Q. And you ha:ve to apply youT rate? A. Yes, sir. Commissioner Hooker: S-tand aside. Witness stood aside. page 39 ~ R. A. TRLCE, a witness introduced on behalf of Virginia Stage Lines, Incorporated, being fi~rst duly sworn, testified as follows:

DIRECT EXA~IINATION. By Mr. Warns: Q. Mr. Tri!C.e, state your full nan1e for the .reOOTd. A. R. A. Trice. Q. By \Yhom are you employed 1 A. Virginia Stage Lines, Inoorporarl:ed, Oharlottesrvtille, Virginia. Q. Do you live in Ch8lrlot.tesville! A. I do, sir. Q. And in wha.t capacity are you employed by Virginia Stage Lines, Inoorp~ated! A. I am Vice p,resident and Traffic 1\fan~er. Q. Are you familiar with the instant application 7 A. I am, sir. 24 Supreme Court of Appeals of Virginia R. A. Trice. Q. Are you presently familiar with the area involved in this application T A. I am, sir. page 40 ~ Q. Is it not true you we.re employed in Dan- ville? A. I was in Danville for five yearls· a.s SupervisoT for the Company in Danville. Q. As I understand it, Virginia. Stage Lines, Incorporated, is here toda.y in opposition to granting the authority re­ quested? A. Yes. Q. Does your em.ployer presently provide charter service int~asta.te in Virginia, particularly in Danville? A. We do, sir. Q. Will you describe your certificate, the scope of your certificate? A. "r e have a charter certificate fr.om the State Corpo­ ration Commission which authorizes us to serve from all points intrastate ·to all other points in the State, granted a few years ago under the Grandfather ~Clause. Q. Your organization may originate charter groups in· Danville and take them to any point. in the Sta.te? A. We can, sir. page 41 ~ Q. Is Danville an equipment a.V~aila.bility point for Virginia Stag·e Lines? A. It is, sir. Q. In view· of that fact, there is no deadhead mileage chaTge with respect to 1novement from Danville? A. Tha.t is true. There would be no deadhead mileage for any trip made from Danville. Let me take that back­ if a. group wanted to go from Danville to Lynchburg and stay, we would charg-e them for deadhead mileage back, but no deadhead to pick them up. Q. Does the V~rgini.a Stage Lines operate a tern1inal in Danville? A. We do. Q. Does Virginia Stage Lines actively pa~rticipate in charter tra.ffitc: in the State of Virginia f A. We do. Q. Have you any idea how much of this traffic has been transported this year? A. Since January 1st, I did not try to make a.ny individual study of this, and this is a gross figure, burt, including inter­ state and intrastate, we have handled Twenty Thousand Dol- Atlantic Greyhound Lines v. Silver Fox Lines 25 R. A. Trice. lars worth out of Danville since the first of the page 42 ~ year, that is, interstate as well as intrastate. Q. Has Virginia S1tage Lines transported charter groups for the George W a.shington ffigh School? A. We have handled the football team from George Wash­ ington High School on all of their trips since 1943, and fT.onl time to time we have handled other groups from G,eorge '\V ashington High School. ''r e actually solicit that business, and have handled other organizations as well. The gentle­ man we do business with is 1\{r. Barnes, who is Principal of the School, and who usually at this time of the year enters into a contract with us. Q. Do you know Mr. T. F. Houser, Jr., the Assistant Prin­ c-ipal, and 'vhether he has any jurisdiction to arrange for transportation of the George '\Vashington High School pupils? A. I do not know, sir. Q. Has your organization ever been unable .to .supply bus equipment to perform charter service for that high school f A. I called our office in Danville about ten days page 43 ~ ago 'vhen closing thls case, and asked them if we had turned down any trips, and Mr. HQwell, our Supervisor, advised me that they had turned down no trips.

~Ir. Sanford: I object to that. Commissioner Hooker: Let him finish. M.r. Warns: Q. I-Ia.s Vhginia Stage Lines transported any t:rips for Langston High Sehool f A. I am sure we have. 'Ve have not been as closely identi­ fied with that school a.s the other one, but I know we have had trips from time to time. Q. Does your Company stand ready and willing to per­ form all charter service tendered to it at Danville? A. Yes, siT. Q. Is cha.rter se·rvice important to your Company, M·r. Trice? A. 1961 was our last (~on1plete year on our records, and our eharter service accounted for eight per cent of our total revenue. Eight per cent of our t.ot.al revenue was charter revenue. Q. I understand Silver Fox Lines does not perform· any intTa.state regular .route service in Virginia., as page 44 ~ your Company does 7 A. That is correct. 26 Supreme Court of Appeals of Virginia R. A. Trice. Q. Your Con1pany performs intrastate regular route pas­ senger service over the length and breadth of this State, does it not? A. A pretty good hunk of it. Q. Does the charter h·a.ffic tend to support the unprofitable regularly made routes 7 A. Yes, it enables us to use our equipment. CROSS EXAMINATION. By Mr. Sanford: Q. Mr. Trice, what type of equipmeDJt do you have avail- able in Danville at all times for charter service f A. At all times f Q. Yes. A. We list our equipment in our charte,r book tariff. The smallest capacity we list is a thirty-seven passenger bus, and that is non-lavatory equipped; and a thirty-eight passenger bus, which is lavatory equipped; a.nd a forty-eight passenger bus, non-lavatory equipped. Q. Do you have those three types of equip­ page 45 ~ ment available in Danville at all times? A. Yes. Q. It is located there 7 A. Yes. Q. Located there? A. "r e assign our equipment on the basis of garage assign­ ment, 'vhich means that Danville keeps on hand three or fom· buses, and any time they get. out. of buses, they pull buses out of Lynchburg·, 'vhether in regular service or charter service. Q. The bus is not there, bnt you can get them? A. Within one and a. half hours the bus is ava.ilahle. Q. It is available? A. Yes. Q. And there is no deadhead charge frOin Lynchburg to Danville? A. Tha:t is correct. Commissioner Hooker: If there was not any equip1nent available in Lynchburg, where would you go, the next placeT A. We ahvays go to the next point, which would pa.gc 46 ~ be Roanoke. Atlantic Greyhound Lines v. Silver Fox Lines 27

J. C. Stokes.

~Ir. Sanford: That would be another hour's difference in getting to Danville?. A. Yes. Q. And you have a different tariff rate on eac:h type of bus 0 you furnish, do you not / A. Yes, sh·. Q. The one without the lavatory equipment is one you get the sn1allest an1ount f.or f A. The thirty-seven passenger bus is the lowest rate. Q. And that is the smallest bus you have! A. Yes. Q. And you arc not interested in partes of less than thirty­ seven? A. As long a.s they pay the thirty-seven passenger rate, it makes no difference to us. Q. But they l1ave to pa.y the thirty-seven passenger rate! A. Yes. Q. If twenty-five people call you, and only that many ride, they still have t.o pay the same rate? page 47 ~ A. Yes.

Conun1ssioner Hooker: ''That would be. the .. rate for a thirty-seven passenger bus?

A. Fifty-five cents per mile. Chairman Dillon: You don't lease any of your equip­ mentf A. Only in the Traihvays f.amily, so to speak. Witness stood aside. page 48 ~ J. C. STOKES, a witness introduced on behalf of Atlantic Grey­ hound Lines of Virginia., Inc., being· first duly sworn, testi­ fied as follows : DIRECT EXAl\1INATION. By Mr. Goddin: Q. Will yon please give your full name and place of .resi­ dence? 28 Supreme Court of Appeals of Virginia

J. C. Stokes. A. J. ·C. Stokes, Winston-Salem, North Carolina. Q. Mr. Stokes, .can we agree that 'vhen, and as, I use the w·ord "Greyhound" I am referring to the Atlantic Grey­ hound Lines of Virginia, Inc. Y A. Tha.t is correct. Q. vVould you give us your connection, if any, with G'rey­ houndl A. I an1 District Sales R.epresentative out of Winston­ Salem, and Danville is in n1y territory. Q. Does Greyhound hold a certificate of public convenience and necessity for the operation of charter parties iStSued by this Commission J A. Yes. page 49 } Q. And unde.r that certificate it is authorized to provide charter par1'ty service at any point in Vir- ginia destined for any other point or points' A. That is correct. Q. And is it actively engag·ed in that. business! A. We certainly are, sir. Q. Is Danville one of the points at which Greyhound ori­ ginates passengers or cha-rter parties? A. ·Yes. Q. Is Danville, Virginia, an equip1uent point for Grey- houndY A. Yes. Q. Does Greyhound have a tern1inal at DanYille 1 A. Yes. Q. And is there a.n agent there in charge of it all at all times? Q. And is he always available to receive inquiries ·with respect to a special or charter pa.rty f A. Yes. Q. How long have you been connected "rith page 50 ~ Greyhound1 A. Twenty-six years. Q. That is :Atlantic Greyhound Lines of Virginia, Inc., and its predecessorY A. Yes. Q. I believe you told us that Danville is one of the points 'vi-thin your territoryY A. Yes, sir. Q. Do you visit 1the terminal frequently 1 A. I try to get the·re a.t. least once a. month, and often I get there twice a month, or three tin1es a month. - Q. Do you get current reports from the agent tl1ere? Atlantic Greyhound Lines v. Silver Fox Lines 29

J. C. Stokes.

A. Yes, we do. Q. Is Greyhound interested in special party or charter party operations f A. "r e definitely are. Q. Has it become a.n increasingly important part of the Greyhound's operation~ A. Yes, it has. Q. Can you give us your best estimate of the charter rev­ enue that ha.s been originated there ~t Danville so page 51 ~ far this year? A. The estimate of the charter business in Dan- ville? Q. Yes. A. About Four Thousand Dollars. Q. So far this year Y A. Yes. Q. With respect to furnishing equipment, could you tell us how nu1ny pieces of equipment Greyhound keeps standing in Danville for engagement in charter or special party opera­ tion? A. In Danville 've ha.ve two buses, a.nd as 've use up the buses allotted t.o Danville, we go to the next point of ope·ra.­ tion, which would be Greensboro, ·and the next one after that is 'Vinston-Salem. Q. And Danville being an equipment point, there would be no deadhead n1ileage charged? A. No, only on one-way t:rips. If they go to Roa.nQke and do not want f·o con1e ba.c:k, we would ehrurge them deadhead from Ro·anoke to Danville. Q. lias the Greyhound been serving the high schools and elementary schools in Danville? page 52} A. We have. The majority of our trips from Danville are elementary schools, to Williamsburg and Jamestown. We have had trips out of the George Wash­ ington High School·also, and I do know the Virginia Stage Lines handles the best part of tl1e business of the George Washington High School, and it ha.s done so for a number of years. Q. Do you know -of a sing-le instance where Greyhound has failed or refused to supply the equipment t.o anybody, orga­ nization or group in Danville that has looked for service? A. I do not. Q. Does G.reyl1ound stand ready, willing, and able to fur­ nish all of the charter or priYate party operation t.ha.t thev may be called upon to supply in Danville? · 30 Supreme Court of .Appeals of. Vh·ginia

J. C. Stokes. A. Yes, sir. Q. Has there been a.ny decrease in the regular ·route pas­ senger miles of Greyhound over the past ten year period! A. Yes, 31.9 per cent. Q. Has there been any increase in the charte,r page 53 ~ revenue over a like pe·riod? · A. Yes, the charter pereentage revenue is 4.6 per cent increase from 1.9 per cent. This 4.6 per cent, in addition to the other supplen1entary revenue, such as bagg·age, express and things of that kind, has offset the decrease in passenger mileage. Q. So if it was not for the supplemental revenue tha.t you get from charter or othe'r supplementa.ry operations, such as express, you 'vould be compelled to seek a. fare increase for your common carrier operation 1 A. Yes, but we don't want to ask for any n1ore fare in- creases. Q. Unless you have to 1 A. No. Q. So, the diversion of any c.ba.rter business, wbicJ1 Grey­ hound now enjoys in Danville, would be actually detrimental to it! A. Yes. CR.OSS EXAMINATION. By Mr. Sanford : · Q. Would you tell us wha.t type buses you have in Dan­ ville a.vaHable for eharter service? page 54 ~ A. A .thirty-seven passenge.r ·bus, "rithout rest­ room; a. thirty-eight passengeT bus, ,·dtl1 restroom; and a thirty-nine passenger bus, without ·restroom. 0. Three different types available? A. Yes. Q. They are not kept in n·anville? A. In our set-up we have so many buses allotted for cer­ tain places. We don't ope.rate so many buses in each section, but we have two buses allotted there for Danville, and no deadhead charge. Q. And if they a:re not. there, you can get buses from Greensboro or 'Vinston-S·alem? - A. Yes. Q. Just a question of two or three hours, I hopef A. Let me sa;y this, }t{r. Sanford. As far as cha.rter busi­ ness is concerned, they don't call up and order a. bus for .A.tlantic Greyhound Lines v. Silver Fox Lines 31

J. C. Stokes. charter right away. They call up two or three weeks ahea(l of time, like a high school that knows months ahead that they are going on a trip, or son1ething of that kind, so we have never delayed anybody there. Q. You say that it is something planned in ad­ page 55 ~ vance. Assuming, however, that a charter hoad been prepared in advance with some other carrier, and the bus, at the last moment, broke down, the~re would be an emergency proposition there, would it not f A. Yes. Q. And the hour you take to get over there would enter into it Y A. Yes, but we usually l1ave buses ·at Danville. Q. But your lowest rate is based on the thirty-seven pas­ senger bus? A. Yes, our tariff is the san1e as the Virginia Stage Lines. Q. How nn1eh of your Four Tl1ousa.nd Dollars was inter­ state' A. Very little of it. The majority of it is intrastate. Q. To plac·es like Wiliamsburg, and Ricl1mond, and James­ . townY A. Yes, sir, for elementary schools. Witness stood aside.

page 56~ Conunissioner Hooker: Is that all! lfr. Sanford:·· That is our case. Conunissioner Hooker: The Conlm1s·sion will :take this case under advisement.

page 57~ • • • • • CITY OF RICHl\riOND, JULY 23, 1962 CASE NO; 15826. Application of

SILVER FOX LIN~S

For Certificate of Public Convenience and N ecessit~ as a Specia1 or Charter Party .Ca:rrie·r. 32 Supreme Court of Appeals of Virginia

This matter came on this day to be heard ·and the Com­ mission being of the opinion from the evidenc.e ·that the pub­ lic convenience and necessity require the operation by the applicant as a special or charter party ca.rrier from the origin point {)f the ·City of Danville; IT IS ORDERED tha.t a certificate of public convenience and necessity as a special or charter party carrier be issued to Silver Fox Line:S, Danville, Virginia, authorizing the operation of moto·r vehicles as a spe·c~al or charter party carrier from the origin point. of the City of Danville, Virginia, upon the filing of insurance or surety bond as provided in Section 56-299 of the Code and a tariff of the charges to be applied in the operation of motor vehicles as a. special or eharter party" earrier. A True Copy. Teste: WILLIAM C. YOUNG Clerk of State Corporation Commission. page 58 ~ • • • • • Opinion, liOOI{ER, Commissi01l.er: On June 12, 1962 the Comn1ission received an application from the Silver Fox Lines, a corporation organized under the laws of ·virginia and authorized to engage in motor ve­ llicle transportation as a common carrier, requesting a Cer­ tifi.ea.te of Public Convenience and Necessity as a restricted conuuon carrier· to transport passengers in special or charter parties frmn Danville, "\7irginia, to points and places in the State of Virginia. This n1atter w·as heard and decided on ,J ulv 23, 1962. The evidence shows that the Applicant holds a Certificate of Public Convenience and Necessity to transport passengers in interstate comtnerce and desires to have int·rastate au­ thority to perforn1 special or e.har.ter party service from the City of Danville to other places in Virginia. The evidence of the Applicant shows that it had rec.eived several requests fur service, which it had not been a.hle to render, a.nd such Atlantic Greyhound Lines v. Silver Fox Lines 33

requests were referred to another carrier. The evi­ page 59 ~ dence of that carrier confirms this statement and also states that it, at times, had received requests for service which it could not perform. These calls for serv­ iee, averaging about two a week, came from schools and churches wi.thin the City of Danville, stating that they had been unable to get buses when needed. ( Tr., pp. 11-14.) Witness Gibson, who has Special Charter Party Authority, testified that there is a need for the ·service proposed by the .A.pplicant. He stated tha.t quite often he had to lease ·a bus fron1 the Applicant and, at times, could not get enough buses to take care of requests that he had received for service. (Tr., p. 25.) The evidence shows that, at .times, because of the inava.il­ ability of buses, private automobiles 'vere used. It may be tha.t 'r.railway or Greyhound could have furnished buses most of tl1e time, but the evidence shows that, at certain times, they could not, a.n.d, at times, their service for one reason or another was not desired. It ·may be that the difference in the rate for church picnics, football games, high school band concerts and similar events had something to do 'vith not en­ gaging either Trialway or Greyl1o1md, but, regardless of these assumptions, it is a fact, as is shown by the evidence, that at times no buses were ·available and priva.te automobiles were used. page 60 ~ The law governing this matter is found in Chap­ ter 12.4, §56-338.50 of the Code of Virginia and reads, in part, as follows : '' (c) 'Special or charter party carrier' means a restricted common carrier authorized to transpont passengers in special or eharter parties under the provisions of this chapter. '' (d) 'Special or charter party' means a gr.oup movement of passeng·ers transpo·rted under a single contraot made with one person for an agreed charge for such movement regard­ less of the number of ·passengers transported and for which transportation no individual or separate fares are solicited, charged, collected or received by the ca,rrier. '' (e) 'Certificate' means a certificate of public convenience and necessity issued by the Commission to a special or charter pa:rty clllrrier under this chapter. (1950, c. 532.) '' Section 56-338.54 says : ''When certificates granted.-The public convenience and necessity to be served by spc~e:ial or charter paT~ty carriers is 34 Supreme Court of Appeals of Virginia to provide economical, c.omf.or.table and convenient transporta­ tion for special or charter parties and in the iss.uanc.e of .all types of certifi.ootes authorized by this c.hapter the Commis­ sion ~hall consider all facts bearing on that purpose, including existing- means of transp()rta tion, the cha:racler of the ap­ plicant, and the kind and loea.tion of the equipment he pro­ poses ·to use. The Comnussion sha.U issue no more certificates than the public convenience and nec.essity require, and shall place such restrictions upon such certificates as may be rea­ sonably nec.essary to proteCit. any existing motor carrier, whetheor such :carrier is operating under certificates issued by the ·Oormnission under this chapter or under chapters 12 ( ~56-273 et seq.) or 12.3 ( §56-338.40 et seq.) of this title or otherwise, but the Conunission shall not deny a certificate solely on the ground that the applic.a.nt may render special or charter party seorvice originating at the same point or points as such other motor carriers. ( 1960, c. 532.) '' page 61 r The law relating to the issuance of charter party certificates requires that the economy of opera­ tion, as well as the :convenience of seorvice, existing means of transportation, kind and location of equipment, be considered and also all faets bearing· on that purpose, and shall place ·such restrictions on such certific.ate as may be reasonably necessary to p.rotect any existing motor ca;rriers, b~tt the Com­ mission shall not deny a certifica.te solely on the ground that the a;pplicant 'may render special or ch.atrter party service ori­ gimatin.q at the same point or points of such other car1 4 iers. The Commission when passing upon this matter considered the enti·re statute and each condition contained therein ap­ plicable to the granting of the Certificate of Public Conveni­ ence and Necessity to conduct a. Special CharleT P·arty Cer­ tific:ate :to the Applicant. The Certificate was restricted to business originating· within the City of Danville. The opera:­ tion by the Applicant is more economical, the equipment is loca.ted in Danville wh~re it may be at all times readily avail­ able for ~service. The fitness of the Applicant was not at­ tacked. All of the fac.ts a.nd circumstance-s in connection with this matter which the Commission deemed material were duly considered in reaching ·its conclusion. The evidence unquestionably sho,vs that the objectors were ·n<>rt meeting the needs of the public. Those requiring· the service page 62 ~ of a cha:rter party caTrier do not desire expensive, luxurious type buse,s. They are more interested in ,- :- ~ ... Atlantic Greyhound Lines v. Silver Fox Lines 35 economical service ra.ther than luxury service. and higher charges. 1\fore.over, it is easy to understand that a carrier whom they can readily c.ontact, l()tcated locally with equip­ ment readily available, may 1ueet the needs of those desiring service as described in the evidence more econonrically, con­ veniently and satisfac.to·rily than can the objectors. The Commission is .of the opinion, fro1n .the evidence and all the facts and eiroum.Sttanees in this •O'ase, that it 'vas fully justified in the entran~ee of tl1e Order dated July 23, 1962. DILLON, Chairm.a;n, concurs. CATTER.ALL, Commissioner, not sitting.

page 63 ~ ·CO:NIMONWEALTH OF VIRGINIA STATE CORPORATION COM~IISSION CERTIFICATE. It is hereby CC!rtified to the Supren1e Court of Appeals of Virginia that the foregoing transcript of the record in this proceeding, there being no exhibits, contains all ·Of the facts upon 'vhieh the •ootion appealed from "ras based, together with aH of the evidence introduced befoll·e or considered bv this Commission. ., 'Vitness the signature of Jesse W. Dillon, 10ha.irman of the State Corporation Conunission, under its seal and attested by its Clerk this 27th day of August, 1962, a.t Richmond, Vir­ ginia. JESSE ,V. DILLON, Chairman. Attest: Seal WILLIAM C. YOUNG, Clerk. CERTIFICATE. I, William C. Young, Clerk of the State Corpo·ration Com­ mission, certify t.llat wili.ltin sixty days ~ter the fin·al order in this case, Virginia Stage Lines, Incorporated, and Atlantic Greyhound Lines of Virginia, Inc., by their attorney, J no. 0. Goddin, 10 South Tenth Street, Richmond 19, Virginia, filed with me a notice of appe·al therein which had been deHvered to R.. Paul Sanford, Masonic Building, Danville, Virginia, 36 Supreme Court of .A.. ppeals of Virginia opposing counsel, to Counsel for the State Corporation Co-m­ mission and to the Attorney General of Virginia, pursuant to the provisions .of Section 13 of Rule 5 :1 of the Rules of Su­ preme Court of Appeals of Virginia. Subscribed at Richmond, Virginia, August 27, 1962. 'VILLIAM ·C. YOUNG, Clerk.

~~ Copy-Teste: H. G. TURNER, Clerk. INDEX TO RECORD Page Appeal of Right Awarded ...... 1 Record ...... 2 .AJpplicatiou for a Certificate of Public Convenience and Necessity, etc...... 2 Exhi:bit A ...... 4 Exhibit B ...... 5 Exllibit C' ...... 6 Order, June 15, 1962 ...... 8 Proceeclings ...... 9 'Vitnesses : Malcolm H. Guthrie ...... 10 Robert Lee Gibson ...... 18 R. A. Trice ...... 23 J. C. Stokes ...... 27 Or~e'!, ,July 23, 1962 ...... 31 Opinion ...... 32 Certificates ...... 35