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
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CITY RECORDER
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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 '"��
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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 —
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