[Numbers in parentheses following citations indicate pages on which subjects are considered]
Indefiniteness of terms of a decree of foreclosure and sale of a line of railroad is a matter properly to be brought before a court hav- ing jurisdiction in the premises and has no bearing upon an appli- cation for a certificate of convenience and necessity for abandon- ment of line of railroad. Abandonment of M., B. & S. R. R., 31 (34). Court order appointing receiver authorized him to exercise all pow- ers and to perform all duties theretofore conferred upon former receiver, Held: Such former receiver is not a necessary party to proceeding involving an application for certificate of convenience and necessity for abandonment of line of railroad. Id. (34). Salary allowed receiver or appointment of new receiver are matters properly to be brought before a court having jurisdiction in the premises and have no bearing upon an application for certificate of convenience and necessity for abandonment of line of railroad. Id. (34).
State commission, in recommending that application for abandonment of line be granted, requested that when question of sale of the road is finally considered the order of sale be in alternative form, both as a going concern and as junk, in order to give people along the line an opportunity to buy and operate the road. Held: Question is one properly to be brought before court having jurisdiction in the premises. Abandonment of P. & H. R. R., 51-52.
Boston & Maine R. R., certificate of public convenience and necessity authorizing abandonment of a branch line in York County, Me., issued. The line was originally built to serve certain summer re- sorts along the Atlantic Coast, but, due to the use of automobiles, passenger travel has declined to such extent as to result in mate- rial losses. No freight traffic is handled and no industries are located along the line. Upon receiving permission to abandon applicant proposes to sell the property to the Old Orchard Transportation Co., which will operate motor vehicles and serve the territory affected. Abandonment of Branch Line by B. & M. R. R., 474. Buffalo, Rochester & Pittsburgh Ry. Co., certificate of public conven- ience and necessity authorizing abandonment of portion of its Eleanora branch in Jefferson County, Pa., issued. Line is used to a small extent as a passing sidetrack and for local freight and pas- senger service and is laid on and occupies a portion of Main Street in the borough of Big Run. The State Highway Department of Pennsylvania and the borough are about to construct an improved highway on and through Main Street and have requested applicant to abandon that portion of the line in question. The proposed abandonment will create a safer condition on Main Street from an operating standpoint and will effect some reduction in operating expenses. Abandonment of Line by B., R. & P. Ry., 691.
ABANDONMENT-Continued.
Branch Lines-Continued.
Chicago, Burlington & Quincy R. R. Co., certificate of public con- venience and necessity authorizing abandonment of electric trolley line extending from Deadwood to Lead, in Lawrence County, S. Dak., issued. Equipment is obsolete and badly depreciated and large re- placements and betterments must be made if line is to remain in service. The line can not be operated except at a loss and existing steam roads, automobiles, and busses furnish passenger transporta- tion satisfactory to communities affected. Abandonment of Line by C., B. & Q. R. R., 471.
Chicago, Rock Island & Pacific Ry. Co.:
Certificate of public convenience and necessity authorizing aban- donment of its Chandler branch in Logan and Lincoln Counties, Okla., issued. The road is in poor physical condition due to de- ferred maintenance; adequate railroad service to communities located upon the line is afforded by existing lines of other car- riers; losses incurred in operation are a drain upon applicant's treasury and a burden upon the public at large; and experience has demonstrated that there is not sufficient traffic produced in the tributary territory to result in profitable operation. Aban- donment of Branch Line by C., R. I. & P. Ry. Co., 15. Certificate of public convenience and necessity authorizing aban- donment of a line of railroad extending from a connection with its Ardmore branch at Coalgate, to Lehigh, in Coal County, Okla., issued. The line was built primarily to serve certain coal mines which have been exhausted. There are no industries de- pendent upon the line for transportation and none desire its service. No maintenance work has been done on the line for several years and large expenditures would be necessary to place it in condition for operation, which, in addition to cost of continued operation, would be practically an entire loss. Aban- donment of Line by C., R. I. & P. Ry., 643. Deadwood Central R. R. Co., certificate of public convenience and necessity authorizing abandonment of an electric trolley line ex- tending from Deadwood to Lead, in Lawrence County, S. Dak., issued. Equipment is obsolete and badly depreciated and large replacements and betterments must be made if line is to remain in service. The line can not be operated except at a loss and steam roads, automobiles, and busses furnish passenger transportation satisfactory to communities affected. Abandonment of Line by C., B. & Q. R. R., 471.
Mobile & Ohio R. R. Co., certificate of public convenience and necessity authorizing abandonment of a portion of a branch line, together with a spur track, in Mobile County, Ala., issued. There have been no operations thereon since 1920, and no demand has been made there- for. There are no industries or incorporated cities or villages along the line and there appear to be no prospects of future development. Freight and passenger traffic has always been light and revenues received therefrom have never covered cost of operation. Aban- donment of Branch Line by M. & O. R. R., 761.
ABANDONMENT-Continued.
Branch Lines-Continued.
New York, New Haven & Hartford R. R. Co., certificate of public convenience and necessity for abandonment of its Shawmut branch in Suffolk and Norfolk Counties, Mass., issued upon condition that applicant sell said branch to the city of Boston, Mass., who will equip the line for electrical operation and lease it to the Boston Elevated Ry. Co., for operation as part of its rapid-transit system. Track and right of way to be abandoned is no longer of use in operation of the New Haven's system, the transaction will not affect freight traffic materially, and improved passenger service will re- sult. Abandonment of Branch Line by N. Y., N. H. & H. R. R., 3. Old Colony R. R. Co., certificate of public convenience and necessity for abandonment of its Shawmut branch in Suffolk and Norfolk Counties, Mass., issued upon condition that applicant sell said branch to the city of Boston, Mass., who will equip the line for electrical operation and lease it to the Boston Elevated Ry. Co., for operation as part of its rapid-transit system. Track and right of way to be abandoned is no longer of use in operation of the New Haven's system, the transaction will not affect freight traffic ma- terially, and improved passenger service will result. Abandonment of Branch Line by N. Y., N. H. & H. R. R., 3.
Pere Marquette Ry. Co., certificate of public convenience and necessity authorizing abandonment of its Buchanan Branch in Berrien County, Mich., issued, conditioned upon fulfillment of the terms of a contract entered into between applicant and Southern Michigan and Michigan Central railroads, whereby latter carriers will operate certain por- tions of branch and adequately protect interests of the public tributary thereto. Traffic is insufficient to warrant further main- tenance, continued operation would be a burden upon interstate and foreign commerce, and the road can not be further operated by applicant without expenditure of large sums of money for re- newals and repairs. Abandonment of Branch Line by P. M. Ry., 100.
Chicago, Burlington & Quincy R. R. Co., certificate of public con- venience and necessity authorizing abandonment of electric trolley line extending from Deadwood to Lead, in Lawrence County, S. Dak., issued. Equipment is obsolete and badly depreciated and large replacements and betterments must be made if line is to remain in service. The line can not be operated except at a loss, and existing steam roads, automobiles, and busses furnish passenger transporta- tion satisfactory to communities affected. Abandonment of Line by C., B. & Q. R. R., 471.
Deadwood Central R. R. Co., certificate of public convenience and necessity authorizing abandonment of electric trolley line extend- ing from Deadwood to Lead, in Lawrence County, S. Dak., issued. Equipment is obsolete and badly depreciated and large replace- ments and betterments must soon be made if line is to remain in service. The line can not be operated except at a loss and ex- isting steam roads, automobiles, and busses furnish passenger trans- portation satisfactory to communities affected. Abandonment of Line by C., B. & Q. R. R., 471,
Alcolu R. R. Co., certificate of public convenience and necessity au- thorizing abandonment of part of its line extending from Olanta to Kirby station, Florence County, S. C., issued. Logging operations of a lumber company for which that part of the line proposed to be abandoned was constructed have been finished and there is not enough available business remaining to justify continued main- tenance and operation. There are no cities or incorporated villages along this part of the line and no effort has been made to dispose of it for continued operations, as it is without value except as scrap. Abandonment of Part of Line by A. R. R., 544. Caddo & Choctaw R. R. Co., certificate of public convenience and neces- sity authorizing abandonment of its line in Pike County, Ark., is- sued. The line was built primarily for purpose of transporting forest products which constituted practically the only source of revenue. After merchantable timber had been removed from ad- jacent territory a portion of the original line was abandoned pur- suant to certificate issued in 82 I. C. C. 90. Remainder of line now proposed to be abandoned is situated almost wholly within town limits of Rosboro. There have been no operations since original abandonment and there are no prospects of future development of any industries. Adequate service to community located on the line is afforded by an existing branch of the Missouri Pacific R. R. Abandonment of C. & C. R. R., 831. Chicago, Rock Island & Pacific Ry. Co., together with Rock Island, Arkansas & Louisiana R. R. Co., certificate of public convenience and necessity authorizing abandonment of portion of line, operated by the Rock Island under lease from the Arkansas, in Winn Parish, La., issued. Line proposed to be abandoned is closely paralleled by Louisiana & Arkansas Ry., over which applicants will operate under trackage rights. Proposed arrangement will result bene- ficially to applicants through saving in operating expenses, to the Louisiana by increasing its income through joint-facility rents, and to public in the general economy resulting therefrom. Abandonment of Line by C., R. I. & P. Ry., 645.
Glenmora & Western Ry. Co., certificate of public convenience and necessity authorizing abandonment of its line in Rapides Parish, La., issued. Road was constructed to serve lumber interests which have permanently ceased operations and liquidated their affairs, thereby depriving applicant of its source of revenues. The line now performs no public service, the territory traversed consists of cut-over timberlands, and with exception of a few scattered farms the tributary area is waste land and in all probability will remain so. Abandonment of Line by G. & W. Ry., 105. Kalamazoo, Lake Shore & Chicago Ry. Co., certificate of public con- venience and necessity authorizing abandonment of its line in Kalamazoo and Van Buren Counties, Mich., issued. The line is closely paralleled by another carrier, communities served have other ample railroad facilities, stockholders have never received any dividends on their investment, no interest has ever been paid on bonded indebtedness, and due to railroad and highway competition there is not sufficient traffic carried to warrant further operation Abandonment of K., L. S. & C. Ry., 186.
ABANDONMENT-Continued.
Main Lines-Continued.
Minneapolis & St. Louis R. R. Co., certificate of public convenience and necessity authorizing abandonment of its line extending from Akaska to Lebeau in Walworth County, S. Dak., issued. There are no local industries to be served and soil along the line has proved unproductive. No cities or towns are served and there is little pros- pect that the line could ever earn revenue sufficient to approximate operating expenses. Moreover, if the line is to be kept in operation large expenditures for renewals and repairs must be made. Aban- donment of Line by M. & St. L. R. R., 630.
Muscatine, Burlington & Southern R. R. Co., certificate of public convenience and necessity authorizing its receiver to abandon line of that company in Muscatine, Louisa, and Des Moines Counties, Iowa, issued. Road has been financially unsuccessful since con- struction, a deficit having been incurred in practically every year of operation. Consideration of history of road from its inception, various receiverships and reorganizations, present physical condi- tion, and inability to operate except at a loss, leads to conclusion that further reorganization would be costly and impracticable. Abandonment of M., B. & S. R. R., 31.
Pelham & Havana R. R. Co., certificate of public convenience and necessity authorizing abandonment of its line in Grady County, Ga., and Gadsden County, Fla., issued. Road and equipment are in poor physical condition due to deferred maintenance, the road has been operated at a loss for several years, territory traversed is served by either existing railroads or motor trucks, and there is no prospect of sufficient tonnage being developed to warrant rehabilitation of the line. Abandonment of P. & H. R. R., 51. Rock Island, Arkansas & Louisiana R. R. Co., together with Chicago, Rock Island & Pacific Ry. Co., certificate of public convenience and necessity authorizing abandonment of portion of line, operated by the Rock Island under lease from the Arkansas, in Winn Parish, La., issued. Line proposed to be abandoned is closely paralleled by Louisiana & Arkansas Ry., over which applicants will operate under trackage rights. Proposed arrangement will result beneficially to applicants through saving in operating ex- penses, to the Louisiana by increasing its income through joint- facility rents, and to public in the general economy resulting there- from. Abandonment of Line by C., R. I. & P. Ry., 645. Rome & Northern Ry. Co., certificate of public convenience and necessity authorizing abandonment of its line in Floyd and Chat- tooga Counties, Ga., issued. There are no incorporated villages or cities on the line; an excellent system of improved highways has entirely eliminated passenger traffic which now moves by automobile and bus operations, and trucking facilities are largely used in hauling various products. The line was constructed for purpose of serving iron mines, development of which proved un- profitable, and efforts to locate manufacturing enterprises along the line having failed, it is evident that it can not be operated except at a loss. Abandonment of R. & N. Ry., 53.
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