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INDEX-DIGEST

[Numbers in parentheses following citations indicate pages on which subjects are considered]

ABANDONMENT.

In General:

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.

Branch Lines:

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.

Electric Lines:

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,

ABANDONMENT-Continued.

Main Lines:

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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