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HomeMy WebLinkAbout40 of 1967 - A resolution objecting to the discontinuance of Trains Nos. 5 and 6 between Omaha, Nebraska and Los ppry. Resolution No. 411 By MAYOR J. BRACKEN LEE • COMMISSIONER Objecting to the discontinuance of Trains Nos. 5 and 6 between Omaha, Nebraska and Los Angeles, Calif- ornia and petitioning the Interstate Commerce Commission to deny the request of the Union Pacific Railroad Company for said discontinuance. Presented to the Board of Commissioners AND PASSED DEC 19 1967 kkt4"4/44`drO\Ctil\414•1 CITY RECORDER it Ili jl I111111616. l ROBERT P.GRIFFIN.MICH. 'JCnifeb Zfafes Zenafe COMMITTEE ON COMMERCE PRANK E.MOSS.UTAH WASH INGTON.D.C. 20510 Ewrvssr F.FEDERICK J.EORDAN.STAFF DIRECTOR January 6, 1967 Honorable Herman J. Hogensen Salt Lake City Recorder ZOO City and County Building Salt Lake City, Utah 84111 Dear Herman: Thank you for your letter of December 27 and the City Resolu- tion in opposition to the discontinuance of Union Pacific trains Nos. 5 and 6 between Omaha, Nebraska. I especially appreciate having this information because I have already been in touch with William Tucker, the former ICC Chairman, and I'm glad to see you have also sent him a copy of the Resolution. I am very much concerned about the number of proposed train discontinuances we have had recently, Herman, and I have also re- cently protested the elimination of Union Pacific trains Nos. 35 and 36. Early last year I introduced a joint resolution in the Senate which would direct the ICC and the Department of Transportation to prepare a master surface transportation plan for the utilization and possible improvement of rail and highway facilities. My plan would also pro- hibit further passenger car discontinuances in some instances until we have an overall transportation plan. Hearings have been held this past session on my resolution, and other similar bills and resolutions, by the Senate Commerce Com- mittee. I am most sympathetic to the plight of people who live in com- munities which are affected by these discontinuances, and I hope there will be some further action on my legislative proposal this year. Sincerely, ;v` Frank E. Moss United States Senator 3ntergtate Commerce Commi0Mion tiflat<bington,fl.(et. 20423 OFFICE OF THE CHAIRMAN January +, 196C Fr. Herman J. Hogensen City Recorder 200 City A County Building Salt Lake City, Utah 84111 Dear Hr. Hogensen: This will acknowledge receipt of your letter of December 27, 1907, forwarding a resolu- tion adopted by the Board of Comuissioners of Calt Lake City objecting to the discontinuance by the Union Pacific of passenger trains Los. 5 and 6 between Omaha, Nebraska and Los Angeles, California and requesting that the Commission require the trains to be continued. I am herewith enclosing a copy of the Commission's order of December 28, 1967, in Finance Docket No. 24861 reflecting the Commission's action in instituting an investigation of the railroad's proposal. The trains will be required to be con- tinued for four months pending the holding of public hearings and the issuance of a decision. Any interested person may appear in the hearings and submit evidence subject to the discretion of the presiding examiner. I am having your name added to the mailing list to receive a copy of the schedule of hearings as well as all other notices, reports and orders issued in the proceeding. Sincerely yours, 147 Paul J. Tierney Chairman Enclosure r 2 196I At a Session (,f the. I d' Li A 7.'t : Dt visa ). 3, held at its office in lashir;.,t-.r,, _, C<, or. tns ,l,I's day of December, 1967. UNION PACIFIC RAILROAD Culir7,?JV DISCOoTINUAf,C';' CF TR"INS NOS. 5 AND 6 EEIWEEN lIlIAN'S, NE3R., AND LCL, ANGLLES, CALIF, It ppearin4, That on December 6, 1967, the Union Pacific Railroad Company filed with this Commission notice under section 13a(1) of the Interstate Commerce Act, as amended, that effective January 8, 1968, said carrier will discontinue service of passenger trains Nos. 5 and 6 between Omal.a, Nebr., and Los Angeles, Calif.; it further ap paring, That complaints bi certain individuals, association: , commrhities, railway employees, and ;;y the Nevada Public Service Commission snd the Nebraska State Railway Commission have been received recuestini sus;pension of the proposed discon' snuanca pending inventigaticn to determine the e}.tent of public r.c::.3 for the trains in qi ie ntion; it_further- apt;,ari_ a, That discontinuance c: :,aid train service by the Unior Pacifil Railroad Company may not be warranted b' the punlic convenience and necnssi•_y, and that continuance of such serv-ce may not unduly burden interstate commerce; It Eurtjer appearin_,_ That due and timely execution of t ,is Conmissi m's functirens in this proceeding imperat_vely and urtavoidabl>' requires the omission of an examiner's recommends; decision herein, for tho reasin teat under the provisions of section i .aC1, of the Interstate Commerce Act the s,iid train service may be disco :tirued unless a decision herein is made before expiration of the four-month period hereinafter .,rovidett for; It is o-derecf That an investigate .^ of the :roposed d,scontinua ce of train ser•'ice described thereinabove se, and i is hereby, instituted under p.rovis:.ons of section 13a(1) of Lire Interstse Commerce i,ct. and that the matter be zssigned for hearing_ at a time _ad place tereinaftes to be fi;:ed; is ft rther order, , That th<.: train service scr s hed inabove be continued pending hearing and derision iTh s,ais; but not for a loner period than four its; the beyor a the date Y.tto disco itinuance otherwise would have .sec e effects re unless o .i . ordered by the Commission; and F. D. No. 24861 It is further ordered, That a recommended decision by the examiner to whom the investigation is assigned for hearing be omitted as part of the decision-making process in this proceeding, and the record herein shall be considered as certified to the Commission, Division 3, for initial decision when received by the Secretary of the Commission for filing in the docket. By the Commission, Division 3. H. NEIL GARSON, Secretary. (SEAL) OFFICE: LAURENCE J.BURTON 1705 LONCwoRTN BUILDING 1ST DISTRICT.UTAN TELE'NONE:325-3171 COMMITTEES: ROLAND O.ROBISON.JR. INTERIOR AND D INSULAR AEE ONAIRS QCongregO of t je tinfteb'tateO ADMINISTRATIVE ASSISTANT SELESMALL BUSINESS ROE RNCE T.DAIS E,MEIVE ou�e of�ltepregentatibe� SECRETARY MEMBER:PUBLIC LAND LAW REVIEW COMMISSION Jr;.o't)ington,�•�. January 3, 1968 Mr. Herman J. Hogensen City Recorder Salt Lake City Corporation 200 City & County Building Salt Lake City, Utah 84111 Dear Mr. Hogensen: Thank you for sending me a copy of the resolution passed by the Board of Commissioners of Salt Lake City, objecting to the discontinu- ance of Union Pacific trains Nos. 5 and 6 between Omaha and Los Angeles. On December 20, I contacted the ICC with respect to this matter, and just this morning I received word that the Commission has instituted an investigation into the proposed discontinuance and public hearings will be scheduled at various times and places on the line of the railroad as soon as possible. I am pleased that the ICC has heeded our pleas in this regard, and you may be sure of my continued interest in the matter. Sincerely, ,011-12-411 Lance J. Burton LJB:h3 Enclosure 1 , 3Jntergtate Commerce QCommi550 n Waft t ington,s.YC. 20423 OPPICE OP THE CHAIRMAN January 2, 1968 Honorable Laurence J. Burton r= House of Representatives Washington, D. C. 20515 Dear Congressman Burton: I have your communication dated December 20, 1967, with the attached letters to you from Mayor Richard S. Morrison of Delta, Utah, and Mr. A. L. Timpson of the Brother- hood of Railroad Trainmen in Utah opposing the proposed dis- continuance of trains Nos. 5 and 6 between Omaha, Nebraska, and Los Angeles, California, on the line of the Union Pacific Railroad Company in Finance Docket No. 24861. By order dated December 28, 1967, the Commission instituted an investigation into the proposed discontinuance. A copy of that order is enclosed for your information. Public hearings will be scheduled at various times and places on the line of the railroad as soon as possible. Your name has been placed on our service list to receive copies of all future notices, reports and orders that may be issued in this proceeding. -� Sincerely yours, .Tames T. Corcoran Congressional Liaison Officer Enclosure WALLACE F.BENNETT KEITH .JAoUEs UTAH EXECUTIVE AS SISTANT ROBERT K WOLTHUIS 11Cnifeb ,.ifaf¢s,�ienaf¢ E6,S EAS==,ART TOM C.KOROLOGOSS MARY SQUIRES ADMIRI RAT EASSIST WASHINGTON.D.C. 20510 RESEARCH ASSISTANT January 3, 190 Mr. Herman J. Hogensen, City Recorder Salt Lake City Corporation 200 City & County Building Salt Lake City, Utah 84111 Dear Pie. IIogensen: Thank you for your letter of December 27 and the enclosed resolution opposing the proposed discontinu- ance of Union Pacific Trains 5 and 6 between Los Angeles and Omaha. I have received other correspondence regard- ing this matter and have already contacted the Interstate Commerce Commission making my views known. As you will note from the enclosed letter, the I.C.C., on December 28, ordered an investigation into the proposed discontinuance. I am also sending you a copy of the Commissions order setting up the investi- gation. By law, members of Congress are not allowed to interfere in this type of investigation, but I nonethe- less am taking the liberty of forwarding your letter and the resolution to Paul J. Tierney, the new Chairman of the I.C.C. It may be that Salt Lake City would like to transmit a formal protest directly to the Commission as part of the investigation. Sincerely, Wallace F. Bennett WFB/by Enclosures 3lnterftate Commerce Commicgion UtaShingtott,)11).C. 20423 OFFICE OF THE CHAIRMAN January 2, 1968 Honorable Wallace P. Bennett United States Senate Washington, D. C. 20510 Dear Senator Bennetts Your letter to former Chairman Tucker dated December 20, 1967, with the attached letter to you from Wt. A. L. Timpson of the Brotherhood of Railroad Trainmen in Utah protesting the proposed discontinuance of trains lbs. 5 and 6 between Omaha, Nebraska, and Los Angeles, California, on the line of the Union Pacific Railroad Company in Finance Docket No. 24861, has been referred to me for reply. By order dated December 28, 1967, the Commission instituted an investigation into the proposed discontinuance. A copy of that order is enclosed for your information. Pub- lic hearings will be scheduled at various tines and locations on the line of the railroad as soon as possible. Your name has been placed on our service list to receive copies of all future notices, reports end orders that may be issued in this proceeding. ( s *rely yours, • 4. aul J. Tierney Chairman '"�� Huelosure e-, {,-27,,�V t6 rl' _ s € , .-2 b1M wt9 .-t..`,,!a ' - h f 1. Atr r ..:—,'_,•.'.'t,-.i,.,l.,:—•..t, ice- r > ' ; .mot* 3 b f. , h� "l..,--_. .,---...-: ;,-.,•,,,-,:;i4,601-1,0-iithiiii6.4:04--64.#.0:: 4.."--;°;77,-22... =,`,-...w.„.-..,-,;i44:-.1itii,:inaLtt...01):t,,,,,&..;.r,,,::7:.,...,:. ,,..,,,:,.....c_._:.:[..::::*,, ..„„,,, F4 s. .. .,,41040,_____,,, 3rsa `litt 'ft •:_1I . .ta';s' ''a s',/JQ. .! 3ti yt V p„ y- sr. ` .t. n.wt u44VI - Sid At a SeSOion of gnc I', G1 , Gi.v,-.i .. ? held at its office in Washi.r,.�t,n _. C., r,r. toe boy is December, 1967. tnanco S,.,,. . ._ . . ..}g r UNION PACIFIC RAILRVAD CU 111-J Y S.I6C0L+TINUALCL C' TR',,INS NOS. 5 AND 6 BETWEEN 0a1A11A,, NE3b. AND LC , ANGELES, CALIF. It appearin ,, 'that on December 6, 1967, the Union Pacific Railroad Company filed with this Commission notice under section 13a(1) of the . Interstate Commerce Act, as amended, that effect:.ve January 8, 1968, said carrier will discontinue service of passenger trains Nos. 5 and 6 between Omaha, Nebr., and Los Angeles, Calif.; It further appraring, That complaints by certain individuals, association: , comesnities, railway employees, and ;;y the Nevada Public Service Commission and the Nebraska State Railway Comm;.sior, have been received recuestlny ;.us,3ension of the proposed chscon' _nuenc > pending inventigaticn to determine the e}.tent of public Cell for the trains iu vtiestiOn; It furtherapptsrio5i, That discontinuance c;: ,aid train service by the Unior Pari:tt Railroad Company may not be -.ranted b:- the outfit convenience and necussi,_y, and that continuance of such service may not unduly burden interstate commerce; Zt [urtle__apacarin That due and timely e:.ocution of is Coninissi 1n's functi,,ns in this proceeding imperat .valy and u-]avoidably requires the omissi->n of an examiner's recommends : decision herein, for th, reasin ttat under the provisions of section 1 aCi , of the Interstate Commerce Act the s,cid train service may be disco .t-inatid unl,•ss a deci_ion her•?in is made before expiration of the four-month 1•eriod hereinafter )rovide for; It is o.-dereb,.. That an investigati.n of the proposed d;scontinuance of train ser•"i.ce bet,cribed thereinai'ove ,e, and it :.s hereby, instituted under provisions of section 13a(1) of the Interstc e Commerce /-ct . and that the matter 'c zssigned for hearing at a time ,.id place hereinafter to be fi:,ed. 3t i s ft rthe,_r etrc'.er,id, That th train service ✓wscri tee: ,.e:re- iusbove be continued pending hearing and decision :>ai:i at., tlOr , but not for a loncer period than fou. o:.ths beyor z the date ,.ie discoitinuance otherwise would have oecre effect�..e finless ordered by the Commission; and F. D. No. 24861 It is further ordered, That a recommended decision by the examiner to whom the investigation is assigned for hearing be omitted as part of the decision-making process in this proceeding, and the record herein shall be considered as certified to the Commission, Division 3, for initial decision when received by the Secretary of the Commission for filing in the docket. By the Commission, Division 3. Ii. NEIL GARSON, Secretary. (SEAL) • O1:DE1: At a Ses; oa of the INTERSTATE CO.LIE:CE COMMISSION, Division 3, held at its office in Washington, D. C., on the 12th day of January, 1968. Finance Docket No. 24861 UNION PPCIFig RAILROAD C031=Y DISCONTINU'.LCF OF :rAINS MS. ( BETWEEN OMAHA, NE1_.. , AND LOS AI'C 1LES, Uc:on consideration of tha notice filed Deco her 6, 1967, by the Union Pacific Railroad Company proposing to discontinue service of its massenger trains Los. 5 and 6, between Omaha, Nebr., and Los Angeles, Calif., and of the carrier's request of January 5, 1968, to withdraw the notice without prejudice and to discontinue the investigation instituted Pursuant to the order pf the Commission of December 28, 1967, and good cause appearing: It is ordered, That the order of the Commission dated December 28, 1967, be, and it is hereby, vacated, and that the notice filed by the Union Pacific Railroad Company here'•.n on December 6, 1967, be, and it is hereby, dismissed without prejudice. By the Commission, Division 3. H. NEIL CARSON, Secretary. (SEAL) WARREN G.MAGNUSON.WASH..CHAIRMAN JOHN O.PASTORE.R.I. NORRIS COTTON.N.M. FRANK J.LAUSCHE.OHIO HUGH scar,PA. PHILIP A.HART.MICH. ROBERT P.GRIFFIN. I=R 9.1Cnifeb ,. tafes Zenafe HOWARD W.CANNON.N.. DANIEL B.BREWSTER.MD. RUSSELL B.LONG.LA. COMMITTEE ON COMMERCE FRANK E.MOSS,UTAH HOLLINGS.S.C. WESHINGTON,D.C. 20510 ERREs,F FREDER CK J.I.aRo.R.STAFF DIRECTOR January 15, 1968 Honorable Herman J. Hogensen Salt Lake City Recorder 200 City and County Building Salt Lake City, Utah 84111 Dear Hermes Senator Moss is out of town today on official business, but I wanted to let you know, in case you were not already aware of it, that the Union Pacific Railroad has withdrawn its application to dis- continue passenger trains 5 and 6. Sincerely, / r l Grant W. Midgley Administrative Assistant to Senator Frank E. Moss SHERMAN P.LLOYD mmmirrm 2No DIsrR,cr,UTAH rp of I(��py}y 6`�' yy*e{� BANKING AND CURRENCY =MEIRONBEAV Is Congreoo of the init eb&tato ,116 LwSZOR,ZHccac OFrlcEBLOG. AJAR IRON WAsnlncion,DC. 20515 MUSpRD TELEPHONE.AREA Coos 202-225-5011 MILL SALT LAKE Vomit of il epregentatibd TOOELE WASHINGTON asljittgt0n,�.C. January 17, 1968 Mr. Herman J. Hogensen City Recorder Salt Lake City Corporation 200 City and County Building Salt Lake City, Utah 84111 Dear Mr. Hogensen: This is to acknowledge your letter and resolution passed by the Board of Commissioners concerning the Union Pacific Railroad Company's notice of discontinuance of passenger trains No. 5 and 6. I regret my delay in responding, but since I was working in Utah during the Congres- sional recess, my staff held your letter pending my return to Washington. As you may know by now from press reports, Union Pacific has withdrawn its notice of discon- tinuance with the Interstate Commerce Commission. The only reason given for the withdrawal was a technical error in notifying governors of the respective states in which the trains operate. It is not known at this time whether U. P. intends to re-file the notice of discontin- uance. However, since the ICC had already ordered public hearings on the proposal, I feel certain that if it is re-filed, hearings will be scheduled again to offer the public an opportunity to express its views. Sincerely yours, r SHERMAN P. LLOYD Member of Congress SPL:psg Rso. ee-es-zoo ROLL CALL VOTING Aye Nay Salt Lake City,Utah, December 19 ,196 7 Barker. . . •/ 7 Cafmull I move that the Resolution he- dopted. j f Harrison � Holley. /- "l CZ/ I l �� A� "tom Mr. Chairman Result . . . . / RESOLUTION WHEREAS, the Union Pacific Railroad Company for many years has main- tained passenger service between Omaha, Nebraska and Los Angeles, California, passing through Salt Lake City, Utah, by Trains Nos. 5 and 6, which trains have historically made flag stops at the numerous small communities along the railroad line; and WHEREAS, over the years the residents of Salt Lake City and of the communities between Salt Lake City and Omaha, Nebraska and Salt Lake City and Los Angeles, California have come to rely on such train service and such service has contributed greatly to the economy and convenience of the citizens d= said communities;and WHEREAS, the Union Pacific Railroad Company now proposes to discontinue the said flag run passenger service between Omaha, Nebraska and Los Angeles, California by eliminating from service said Trains Nos. 5 and 6, and has applied to the Interstate Commerce Commission for permission to discontinue said daily passenger trains; and WHEREAS, the discontinuance of said trains would leave Salt Lake City and the intermediate communities without adequate passenger train service between Omaha, Nebraska and Los Angeles, California and would result in great economic loss and inconvenience to the citizens thereof: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, that said Board does hereby object to the discontinuance of said trains and respectfully petitions the Interstate Commerce Commission to deny the request of the Union Pacific Railroad Company for discontinuance of Trains Nos. 5 and 6 between Omaha, Nebraska and Los Angeles, California. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to William H. Tucker, Chairman of the Interstate Commerce Commission at Washington, D. C., Utah Public Service Commission, the Wyoming Public Utilities Commission, G. W. Black, State Representative of the Brotherhood of Railroad Trainmen, Arthur L. Tripp of the Brotherhood of Locomotive Firemen and Enginemen, and to each of the Utah Senators and Congressmen. Passed by the Board of Commissioners of Salt Lake City, Utah, this 19th day of December, 1967. MAYOR — 4*ITki • f