HomeMy WebLinkAbout6 of 1968 - A resolution objecting to the discontinuance of the “California Zephyr” train Nos. 17 and 18 and pet Resolution No: 6
By Mayor J. Bracken Lee
CONmissio NCR
Objecting to the discontinuance of
the "California Zephyr"train nos. 17
and 18 and petitioning the Interstate
Commerce Commission to deny the
request of Western Pacific Railroad
Company for discontinuance of trains
nos. 17 and 18 between Utah and
California.
Presented to the Board of Commissioner+
AND PASSED
SA3 i` 1JGv
bkagtil
CI3'Y RECORDER
a. 3
NEWS RELEASE FOR IMMEDIATE RELEASE
FROM: SENATOR FRANK E. MOSS
SENATOR MOSS ANNOUNCES HEARINGS ON TRAIN DISCONTINUANCES
WASHINGTON, D. C.----Senator Frank E. Moss, D-Utah, announced
today through his Washington office the Interstate Commerce Commission will
hold hearings in Salt Lake City and Ogden on the train discontinuances proposed
by Western Pacific and Southern Pacific Railroads.
Trains involved are Western Pacific trains 17 and 18, the California
Zephyr, and Southern Pacific trains 101 and 102, the City of San Francisco.
The Ogden meeting will be April 11 at 9:30 a. m. in room 204 of the
Forest Service Building, 25th Street and Adams Avenue.
On April 12, 9:30 a. m., a meeting will be held in room 314 of the
Fod..re.l Annex 1uilding, 1Zq South State, Salt Lake City.
FEBRUARY 16, 1968 PR-66
SERVICE DATE
ORDER FEBRUARY 16, 1968
INTERSTATE COMMERCE COMMISSION
FINANCE DOCKET NO, 24916
SOUTHERN PACIFIC COMPANY DISCONTINUANCE TRAINS NOS. 101
AND 102 BETWEEN OGDEN, UTAH AND OAKLAND, CALIFORNIA
FINANCE DOCKET NO. 24918
WESTERN PACIFIC RAILROAD COMPANY DISCONTINUANCE OF
TRAINS NOS. 17 AND 18 BETWEEN SAN FRANCISCO, CALIFORNIA
AND SALT LAKE CITY UTAH
(Investigations under section 13a(l) of the Interstate Commerce
Act)
PRESENT: Kenneth N. Tuggle, Commissioner, to whom the matters
which are the subject of this order have been assigned
for action thereon.
Upon consideration of the recrrds in the above-entitled
proceedings;
It is ordered, That the above-entitled proceedings be,
and they are hereby, referred to Examiner Edmund T. Fritz
for hearing at the times and places hereafter designated:
On March 25, 1968, at. 9:30 o'clock a.m. United States
Standard Time, in Room 19428, Federal. Office Building, 450
Golden Gate Ave., San Francisco, Calif. , to hear evidence,
presented by (1) the Southern Pacific Comapny and the
Western Pacific Railroad Company, or persons supporting
their proposals, including cross-examination thereon, (2)
protestnats, including cross-examination thereon, or (3) as
may be directed by the hearing examiner.
On April :3s_ 1968, at 9:30 o'clock a.m. United States
Standard Time, at the Little Theater, Memorial Auditorium,
1515 J. St., Sacramento, Calif. , to hear evidence, presented
by (1) protestants, including cross-examination thereon, or
(2) as may be directed by the hearing examiner.
�• .
Finance Docket No. 24916 & 24918 PAGE TWO
On April 5, 1968, at 9:30 o'clock a.m. United States
Standard Time, in the City Council Chamber, Reno City Hall,
440 S. Center St., Reno, Nevada, to hear evidence presented
by (1) protestants, including cross-examination thereon, or
(2) as may be directed by the hearing examiner.
On April 8, 1968, at 9:30 o'clock a.m. United States
Standard Time, in the City Hall, Nixon Bldg., Third & Melarky
Sts., Winnemucca, Nevada, to hear evidence presented by (1)
protestants, including cross-examination thereon, or (2) as
may be directed by the hearing examiner.
On April 9, 1968, at 9:30 o'clock a.m. United States
Standard Time, in the District Court Room, 2nd Floor, Elko
County Court House, Idaho & Sixth St ., Elko, Nevada, to hear
evidence presented by (1) protestants, including cross-
examination thereon, or (2) as may be directed by the hearing
C xaminer.
On April 11, 1968, at 9:30 o'clock a.m. United States
Standard Time, in Room 204, Forest Service Bldg., 25th St.
& Adams Ave., Ogden, Utah, to hear evidence presented by
(I) protestants, including cross-examination thereon, or (2)
as may be directed by the hearing examiner.
On April 12, 1968, at 9:30 o'clock a.m. United States
Standard Time, in Room 314, Federal Annex Bldg., 135 S.
state Street, Salt lake City, Utah, to hear evidence, presented
by (1) protestants, including cross-examination thereon, (2)such
further evidence of the Southern Pacific Company and the Western
Pacific Railroad Company as could not be presented at San
Francisco, including cross-examination thereon, or (3) as may
be directed by the hearing examiner.
It is further ordered, That the Southern Pacific Company
and the Western Pacific Railroad romnanv shall make available
at the initial hearing and, at the direction of the examiner, at
the closing hearing, competent witnesses for examination on all
material and relevant facts recited in their notice of proposed
change in service and the sunperting statements and exhibits
attached thereto; that any ,,erson desiring to cross-examine
witnesses of the Southern Pacific Company and the Western
Pacific Railroad Company at other designated locations of hearing
shall appear at the initial hearing and jc;: ;ify such a request
to the hearing examiner which request may be granted or denied
as the hearing examiner may direct,
•
Finance Docket No, 24916 & 24918 PAGE THREE
It is further ordered, That a copy of supporting statements
and exhibits referred to above shall be supplied by the carriers
named to any attorney or other person expecting to actively
participate in the hearings who makes request of said carriers
therefor; and that all other written testimony, including exhibits,
proposed to be offered at the hearings by the carriers, so far as
practicable, shall be served on state regulatory bodies or others
making request of said carriers therefor, and written testimony
and exhibits of protestants or state regulatory bodies, so far
as practicable, shall be served on the Southern Pacific Company
and the Western Pacific Railroad Company at least four days
prior to the initial hearing, which requirement may be waived
by the examiner at the hearings, for good cause.
And it is further ordered, That the Southern Pacific
Company and the Western Pacific Railroad Company shall, within
10 days of the service date of this order, post a copy of this
order in a conspicuous place in each station, depot, car, or
other facility in which they are required to post a notice of
the proposed change in service (49 C. F. R. 1122); and shall
certify to this Commission, within 15 days of the service date of
this order, that said pose has been made.
Dated at Washington, D. C. this 14th day of February
1968.
By the Commission, Cconfs loner Tuggle.
H. NEIL GARSON,
(SEAL) Secretary.
S RVIC ': DATE
February 7, l.6.
O1:DER
At a Session of the INTERSTATE COlMERCE C0IEIISSION, Livision 3, held
at its office in Washintjton, L. C., on the 7th day of February,
A. D. 1963.
Finance Docket No. 24913
WESTERN PACIFIC RAILROAD COMPANY DISCONTINUANCE
OF TRAINS NOS. 17 hAID 13 BETWEEN SAN FRANCISCO,
CALIF., AND SALT LAKE CITY, UTAH
It appearing, That on January 17, 1963, The Western Pacific
Railroad. Company filed with this Commission a notice under section
13a(1) of the Interstate Commerce Act, as amended, that effective
February 20, 1968, said carrier will discontinue service of it : pass-
enger :rains Nos. 17 and 13 between San Francisco, Calif., and Salt
Lake City, Utah;
It further appearing, That complaints by certain individuals,
associations, communities, and by railway employees have been received
requesting suspension of the proposed discontinuance pending investi-
gation to determine the extent of public need for the trains in
question;
It further appearing, That discontinuance of the S_i train service
by The Western Pacific Railroad Company may not be warranted by the
public convenience and necessity, and that operation of such service
may not unduly burden interstate commerce;
It further appearing, That the due and timely execution of this
Commission's functions in this proceeding imperatively and unavoidably-
requires the omission of en examiner's recommended decision herein,
for the reason that under the provisions of section 13_ (1) of the
Interstate Commerce Act, the said train service may be discontinued
unless a decision herein is made before expiration of the four-month
period hereinafter provided for;
It is ordered, That an investigation of the proposed discontin-
„ence of train service Cu scribed hereinabove be, and it is hereby,
instituted under the provisions of section 13a(1) of the Interstate
Commerce Act, and that the matter be assigned for hearing at a time and
place hereafter to be fixed;
It is further ordered, That the train service described hereinebave
be continued pending healing and decision in said investigation, but
not for a longer period than four months beyond the date when the dis-
continuance otherwise would have become effective unless otherwise
ordered herein; and
F. D. No. 24918
It is further ordered, That a recommended decision by the examine
to whom the investigation is assigned for hearing be omitted as part
of the decision-making process in this proceeding, and the record here
in shall be considered as certified to the Commission, Division 3, fors
initial decision when received by the Secretary of the Commission for
filing in the docket.
By the Commission, Division 3.
H. NEIL GARSON,
(SEAL) Secretary.
- 2 -
PAUL LAXALT u REESE H.TAYLOR,la.,Chairmen
Governor c s u'� NOEL A.CLARK,Commissioner
�.,` EVO A.GRANATA,Commissioner
�� GENE MILLIGAN,Secretary
Y7fi
PUBLIC SERVICE COMMISSION
STATE OF NEVADA NYE BUILDING
CARSON CITY,NEVADA 89701
ADDRESS ALL COMMUNICATIONS February 16, 1968
TO THE COMMISSION
Herman J. Hogensen
City Recorder
Salt Lake City Corporation
200 City and County Bldg.
Salt Lake City, Utah 84111
Re: Western Pacific's Proposed
Discontinuance of Trains 17 &
18.
Dear Mr. Hogensen:
This will acknowledge receipt of the resolution passed by the
Board of Commissioners of Salt Lake City, Utah, in connection with the above-
mentioned matter.
The Public Service Commission of Nevada has filed formal protests
with the Interstate Commerce Commission regarding the discontinuances of
Western Pacific Trains No. 17 and 18, Southern Pacific Trains 101 and 102 and
Union Pacific Trains 5 and 6.
We appreciate the time and interest you have shown in forwarding
a copy of the resulution to our Commission.
You may rest assured that the Public Service Commission of Nevada
will exert every effort to prevent the above-mentioned proposed passenger train
discontinuances.
If we can be of further service to you, please don't hesitate to let
us know.
Very truly yours,
PUBLIC SERVIC COMMISSION OF NEVADA
tc-t>7)Zel-CGE E MILLIGAN //
Secretary
GM:sjb
interstate Commerce Commission
Washington,;).(t. 20423
OFFICE OF THE CHAIRMAN
February 13, 1963
Mr. Herman J. Hogensen
City Recorder
Salt: Lake City Corporation
200 City & County Building
Salt Lake City, Utah otllll
Dear Mr. Hogensen:
This will acknowledge receipt of your letter of
February 5, 1963, addressed to Chairman Tierney,
forwarding a resolution passed by the Board of Commission-
ers of Salt Lake City, Utah, objecting to the proposal
of the Western Pacific Railroad Company to discontinue
trains Nos. 17 and lb (California Zephyr), between
San Francisco, Calif., and Salt Lake City, Utah. You
ask that this resolution be given consideration.
By order of February 7, 1906, in Finance Docket
No. 24913, copy enclosed, the Commission instituted
an investigation of the railroad's proposal and required
continuance of the trains for four months pending the
conclusion of hearings and the issuance of a decision
on the merits of the case. Hearings will be scheduled
in several cities served by the trains and any interested
person may appear and submit evidence in opposition to
the proposal.
Determinations in proceedings such as this must
be made upon consideration of the evidence submitted
at the formal hearings. You may wish to give considera-
tion to having a representative of the Salt Lake City
Corporation appear at ono of the hearings and submit
a copy of the resolution for inclusion in the official
record.
- 2 -
Under the law (section 13a(1) of the Interstate
Commerce Act), the Commission may require the trains
to be continued for a maximum period of one year if
it finds that they are required by the public conveni-
ence and necessity and their continuance would not
unduly burden interstate or foreign commerce. In the
absence of such a finding, the trains can be discon-
tinued.
I have arranged for you to receive copies of all
future notices, reports and orders issued in this
proceeding.
/
ery sincerely,
1241C( /
GINIA MAE B OWN
Acting Chairman
Encl.
•
3Interstate Commerce Commitlion
UhAinalmae. 20423
OFFICE OF THE CHAIRMAN
February 13, 1968
Mr. Herman J. Hogensen
City Recorder
Salt Lake City Corporation
200 City & County Building
Salt Lake City, Utah 34111
Dear Mr. Hogensen:
This will acknowledge receipt of your letter of
February 5, 1968, addressed to Chairman Tierney,
forwarding a resolution passed by the Board of Commission-
ers of Salt Lake City, Utah, objecting to the proposal
of the Western Pacific Railroad Company to discontinue
trains Nos. 17 and 18 (California Zephyr), between
San Francisco, Calif., and Salt Lake City, Utah. You
ask that-this resolution be given-consideration.
By,,.order of February 7, 1968, in Finance Docket
No. 249L8, copy enclosed, the Commission instituted
an investigation of the railroads proposal and required
continuance of the trains for four months pending the
conalusion of hearings and the issuance of a decision
on the merits of the case Hearings will be scheduled
in several cities served the trains and any interested
person may appear and submit evidence in opposition to
the proposal. .1116)
Determinations intproceedinfs such as this must
be made upon consideration of the evidence submitted
at the formal hearings. You may wish trs give considera-
tion to having a representative of the Salt Lake City
Corporation appear at one of the hearings and submit
a copy of the resolution for inclusion in the official
record.
- a -
Under the law (section 13a(1) of the Interstate
Commerce Act), the Commission may require the trains
to be continued for a maximum period of one year if
it finds that they are required by the public conveni-
ence and necessity and their continuance would not
unduly burden interstate or foreign commerce. In the
absence of such a finding, the trains can be discon-
tinued.
I have arranged for you to receive copies of all
future notices, reports and orders issued in this
proceeding.
Very sincerely,
VIROINIA MAE BROWN
Acting Chairman
Encl.
SHERMAN P.LLOYDCOMMITTEE
2No DISTRICT.Ural }y r (��Ipy}�' `7 } *e BANKING AND CURRENCY
BEAVER COUNTIES Congre�5 of tbe lniteb �Lat`o 1116 L0N6wo8TN HOUSED OFFICE BLDG.
IRON LE WAMB.TGN,D.C. 20515
MILLARD TELEPHONE:AREA CODE 202-225-9011
SALT LAKE *OU9t of ieprt5entatibei
TOOELE
WASHINGTON 11'
aobington,D.C.
February 9, 1968
Mr. Herman J. Hogensen,
City Recorder
Salt Lake City Corporation
200 City & County Building
Salt Lake City, Utah 84111
Dear Mr. Hogensen:
I acknowledge receipt of your communication
of February 5 enclosing copy of a Resolution oppos-
ing discontinuance of trains Nos. 17 and 18 of the
Western Pacific Railroad Company.
I have previously participated in these objec-
tions and in appropriate action to secure appropriate
hearings and I am pleased to be advised of this of-
ficial position of the Board of Commissioners of
Salt Lake City.
Sincerely.yours,
l e c ✓,: /4I
HERMAN P. LLOYD
Member of Congress
SPL:psg
WALLACE F.BENNETTCOMMITTEES:
UTAH FINANCE
BANKING AND CURRENCY
/JCnrfea -States,Senate JOINT
CC II R�r
TOM C.KOROLOGOS DEFENSE PRODUCTION
ADMINISTRATIVE ASSISTANT WASHINGTON.D.C. 20510
SELECT I STANDARDS AND CONDUCT
February 9, 1968
Mr. Herman J. Hogcnsen
City Recorder
Salt Lake City Corporation
200 City & County Building
Salt Lake City, Utah 84111
Dear Mr. Hogensen:
Thank you for your letter of February 5 with the
enclosed resolution by the Salt Lake City Board of Com-
missioners and Mayor Lee opposing the discontinuance of
the California Zephyr between Salt Lake City and San
Francisco.
I have written the Interstate Commerce Commission
again requesting that the position of the Board be care-
fully reviewed and adhered to if at all possible in making
a final decision.
By law the Congress is not supposed to interfere
with the proceedings of the Commission, but this does
not prevent me from lending my support to positions
taken by private and public parties in the state of
Utah.
Se J�incerely,
�J/L«„te
Wallace F. Bennett
WFB/by
•
Brotherhood of Locomotive Firemen
and Enginemen
LEGISLATIVE AND EDUCATION BOARD OF UTAH
AFL-CIO
Re: Discontinuance of Western
Pacific Trains #17 and #18
Mr. Herman J. Hogensen
City Recorder
Salt Lake City Corporation
200 City & County Building
Salt Lake City, Utah 84111
Dear Ir, Hogensen:
Thank you very much for your letter of February 5, 1968,
in which you refer to the discontinuance of Western Pacific Rail-
road Company's passenger trains #17 and #18.
We want to thank you for the interest that you are taking
in this matter and for the information that you have given us.
With kindest regards, I remain
Very uly yours,
/L.
Arthur L. Tripp, hai
Legislative & E ucation ?� of Utah
AFL-CIO
•
HENRY M.JACKSON,WASH.,CHAIRMAN
ET N. „FRANK
N.D K. MARK O.„ATFIELD,OREG. ' itnifea Zfafez ,Senate
K. COMMITTEE ON
LEE METCALF,MONT. INTERIOR AND INSULAR AFFAIRS
JERRY T.OCRKLER,STAFF DIRECTOR WASHINGTON.D.C. 20510
February 9, 1968
Honorable Herman J. Hogensen
City Recorder
200 City & County Building
Salt Lake City, Utah 84111
Dear Herman:
Thank you for your letter of the 5th and the Resolution of
the Board of Commissioners concerning Western Pacific passen-
ger trains 17 and 18, the California Zephyr.
Enclosed is a copy of a press notice I issued earlier this
morning, announcing that a four-month hold on the application
has been made by the Interstate Commerce Commission. Hear-
ings will now be held, and I am sure this will give our Utah peo-
ple an opportunity to present their views.
Sincerely,
Frank E. Moss
United States Senator
MAILING LIST
The Honorable Wallace F. Bennett The Honorable Frank E. Moss
United States Senator for Utah United States Senator for Utah
1211 New Senate Office Building Senate Office Building
Washington, D. C. 20515 Washington, D. C. 20515
The Honorable Sherman P. Lloyd The Honorable Laurence J. Burton
United States Representative for Utah United States Representative for Utah
1116 Longworth Building 1705 Longworth Building
Washington, D. C. 20515 Washington, D. C. 20515
Mr. Paul J. Tierney, Chairman Utah Public Service Commission
Interstate Commerce Commission 330 East Fourth South Street
Washington, D. C. 20423 Salt Lake City, Utah 84111
Mr. Arthur L. Tripp, Chairman Mr. G. W. Black, State Representative
Brotherhood of Locomotive Firemen& Enginemen Brotherhood of Railroad Trainmen
Legislative and Education Board of Utah AFL-CIO 1051 Hollywood Avenue
619 Crandall Building Salt Lake City, Utah 84105
Salt Lake City, Utah 84101
Nevada Public Service Commission State of Utah Industrial Promotion Board
167 Social Hall Avenue
Carson, City , Nevada 89701 Salt Lake City, Utah 84111
Attention: Brent H. Cameron
REO. B -00
• 2
ROLL CALL
VOTING Aye Nay Salt Lake City,Utah, January 31 196 8
Barker. . . .
Catmull I move that the Resolution be adopted.
Gam . . . .
Harrison . .
Ma Chairman ~_ L\.------
-- RESOLUTION
Result .
WHEREAS, the Western Pacific Railroad Company for many years has
maintained a passenger train service between Salt Lake City, Utah and
San Francisco, California, popularly known as the "California Zephyr,"
being passenger train numbers 17 and 18; and
WHEREAS, over the years the residents of Salt Lake City and of
the communities between Salt Lake City and San Francisco located in the
states of Utah, Nevada and California, have come to rely on such train
service and such service has contributed greatly to the economy and
convenience of the citizens of said communities; and
WHEREAS, the Western Pacific Railroad Company proposes to discon-
tinue said train service effective February 20, 1968, and has applied
to the Interstate Commerce Commission for permission to discontinue
said train service; and
WHEREAS, the discontinuance of said trains would leave Salt Lake
City and the intermediate communities between Salt Lake City and San
Francisco, California without adequate train service 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, UTAH that said Board does hereby object to the discon-
tinuance of said trains and respectfully petitions the Interstate
Commerce Commission to deny the request of the Western Pacific Railroad
Company for discontinuance of Trains Nos. 17 and 18 between Utah and
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 Nevada 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
31st day of January , 1968.
/,- �.
MAYOR
cl�r4o,0 {�`t`��``!�9fN