The following is an application to run a taxi service between the Cresson passenger train station
and the Cresson Sanatorium. Its quite lenghty but does discuss a bit of local Cresson history. Many
patients arrived in Cresson by train and needed transportation to the san.
Of C. B. Henry, Et Al.
Docket No. 1998—1918.
Report and Order of the Commission. Mcclure, Commissioner:This is an application by H. S. Cooney, C. B. Henry,
E. P. Christe, J. B. Drury and Fred J. Kammerer, doing business as the Cresson Taxi Service, for a certificate of public convenience
evidencing approval of their right to operate a line of autos or autobusses (a) between the Cresson passenger station, Cresson,
Cambria County, and the Cresson Sanatorium, all in Cambria County, Pennsylvania; and (b) between points within the Borough
of Cresson and between points within and points in contiguous or nearby territory.L. B. Landis and Joseph Martin, trading as the Landis Taxi Service and holding a certificate of public convenience
for the conduct of their taxi or autobus business to No. 1704—1917, between the same termini and in the same territory
filed a protest.The applicants in
their petition aver that the services proposed to be rendered by them are necessary and proper for the accommodation and convenience
of the public for the reason, among others that the service rendered by Landis and Martin is inadequate and unsatisfactory;
that they do not have a regular schedule and on account of the volume of business and lack of facilities they are unable to
handle it. These averments are denied by the protestants and thus the main issue is raised .Landis and Martin contend that the Cresson Taxi Service is a partnership
in name only, dissolvable at will, and each of the socalled partners is in active competition with his copartners; that it
is composed of the same men, with one or two exceptions, who applied for approval of incorporation of the Cresson Taxicab
Company and for a certificate of public convenience evidencing approval to operate autos or autobusses in the same territory
as here proposed, which application No. 1796—1918 was denied, and the applicants, ignoring the action of the Commission
continued to operate as before; further, that the applicants are engaged in other business and the operation of autos is but
a side line for them.A certificate
was denied the Cresson Taxicab Company, but the former order was not a bar to another application. True, they should have
ceased operating upon the refusal of a certificate, but the Commission will not penalize them by again refusing a certificate
if the public convenience requires that it should be granted.With the internal operations of the partnership, we are not concerned. Only as they may affect the services
it may render to the public are they of moment to us. According to the articles, "It is understood and agreed by and
between the parties hereto that each partner shall share in the profits or pay his share of the losses in proportion to the
number of cars he contributes to the business." The actual workings of the partnership are not in conformity with the
agreement. Profits are not divided in proportion to the number of cars contributed by the members, but each partner deducts
from the gross receipts of his own cars his costs of operation and retains the rest for his own use, no other member having
any interest in it. So that each is in active competition with the others in securing business. But as no patrons, other than
those going to and from the sanitorium, have complained of the importunities of the applicants, for reasons that will hereinafter
appear, these objections, made by their competitors, should not stand in the way of their securing a certificate. Whatever
they may be among themselves, as to the third persons, the applicants are partners and each is liable for the acts and defaults
of all the others, so that the public is protected by the assets and personal responsibility of all the partners. This is
as far as the Commission is interested.
Borough of Cresson is on the main line of the Pennsylvania Railroad and is a terminus of the Cambria & Clearfield Division.
Thirty-five passenger trains stop there daily. The borough has a population of two thousand three hundred, and territory immediately
adjacent thereto, three thousand, all of whom use the Cresson passenger station in traveling by train. There are a number
of small towns within a radius of ten miles to which passengers arriving at Cresson by train must find other means of conveyance.
Pennsylvania State Sanitorium for Tuberculosis is located two and six-tenths miles from the
railroad station. Six hundred ninety persons are now at that institution. Inmates, attendants, friends and
visitors are constantly traveling between the sanatorium and the railroad station. All
of these factors combined make an unusual demand for auto service in and about Cresson.
The petitioners own five Ford cars, one Buick
and one Oakland and in addition, H. S. Cooney owns real estate
worth $3,750.00 over and above encumbrances. They have a small waiting room nearby the Cresson passenger station with a telephone installed therein and all
together they may be considered to be financially responsible and able to conduct a general
taxi business.Upon thorough consideration of the whole
record as to the controverted vital questions, the Commission has concluded as follows:1.
The Landis Taxi Service, the protestants, are amply equipped to take care of the business between the railroad station and the sanatorium. They operate on a schedule which is well timed for
the trains, convenient and adapted for the purpose, and is regularly
maintained in all kinds of weather. When the roads are drifted with snow and impassable for
autos, they are opened and horses and sleighs are put into service.
Landis and Martin are at all times careful and considerate of
their passengers and the rates of fare are reasonable.2.
The services of the applicants are not needed for the convenience of the public between the station and
the sanatorium. Their importuning passengers in their efforts to get business and
their violations of the rules of the institution have been more of an annoyance than a public convenience. This is
evidenced by the testimony of numerous witnesses connected with the sanatorium.3. There are times when the facilities of both the applicants and the protestants are taxed to their utmost to take care of the general hack business to and
from the railroad station, from points about the borough and vicinity and
to provide accommodations for those who wish to go to towns in the neighborhood.4. While
some of the applicants are engaged in other lines of business, they have also been engaged in operating taxicabs in and about Cresson for a number of years and are
highly commended by the people of Cresson as
well qualified to conduct that business, and have either by themselves
or by others working for them, furnished satisfactory service.The
application for a certificate of public convenience evidencing the approval of the Commission of the right to operate a line
of autos or autobusses (a) between the Cresson passenger station and
the Pennsylvania State Sanatorium for Tuberculosis is accordingly refused, and
a certificate is granted the Cresson taxi Service to operate a line of autobusses (b)
between points within the Borough of Cresson and between points within and
points in contiguous and nearby territory, excepting between the Cresson
passenger station and the Pennsylvania State Sanatorium.Chairman Ainey and Commissioner Rilling
dissent. Order. This matter being before the Commission upon petition and
protest on file, and having been duly heard and submitted
by the parties, and full investigation of the matters and things
involved having been had, and the Commission having on the date hereof made and
filed of record a report containing its findings of fact and conclusions thereon, which
said report is hereby approved and made a part hereof:Now,
to-wit, October 22, 1918, it is ordered: That
the prayer of the petition is so far as same relates to and covers approval of the right to
operate autos or autobusses between the Cresson passenger station, Cresson,
Cambria County, and the Pennsylvania State Sanatorium, Cambria
County, be and the same is hereby refused;It
is further ordered: That a certificate of public
convenience issue evidencing the Commission's approval of the right of H. S. Cooney, C. B. Henry, E. P. Christe, J. B.
Drury and Fred J. Kammerer, doing business as the Cresson Taxi
Service, to operate the following automobiles: four Ford cars, maker's numbers respectively, 7132770, 220806. 494843,
1942520; one Buick car, maker's number 252544: each of said cars having a seating capacity for five (5) persons, on call
or demand service between points within the Borough of Cresson, Cambria County, and
between points within and points contiguous or nearby territory except between the Cresson passenger station and the Pennsylvan1a
State Sanatorium; subject to the condition that the petitioners
shall comply with all the provisions of the Public Service Company Law as now existing, or as may hereafter be amended, and the special rules hereto attached and made a part hereof, governing the operation of autobus lines at present prescribed by the Commission, or
as may hereafter be adopted by it.By the Commission,Wm, D.
B. A1ney, Chairman.
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