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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