from other carriers. It is not necessary to discuss the details of the cases mentioned. There were present in those cases factors not present in the case here under consideration. For instance, in each case it was shown that the company to be acquired had earned net railway operating incomes in the years prior to the transactions and that large savings could be effected in operating expenses. Furthermore, in none of them, except one, was there any indication that substantial rehabilitation of the line involved was necessary to permit operation by the carrier acquiring control, and, in that case, in addition to estimated annual savings of $125,000 in operating expenses, and net railway operating incomes of $141,761 in 1924 and $92,809 in the first 5 months of 1925, a portion of the line was of value as a link between lines of subsidiaries of the Missouri Pacific, and the line was of further value in giving the applicant therein a more advantageous entrance into Corpus Christi.

We conclude that the Waco's existing line cannot be operated on a sound basis as a part of the Southern Pacific system and that it has not been shown that it will be consistent with the public interest to require the Southern Pacific Company to acquire that line. In view of this conclusion, determination of the commercial value of the line, if any, need not be considered. An appropriate order will be entered denying the motion of the petitioners.

SPLAWN, Commissioner, dissenting:

Applicant Southern Pacific sought and obtained authority to acquire control of the St. Louis Southwestern (the Cotton Belt). The Waco, Beaumont, Trinity & Sabine intervened and sought to have the Commission order applicant also to acquire and operate its railroad in connection with the Cotton Belt and other Southern Pacific properties as a part of the Southern Pacific system. This was resisted by applicant, but on the record the Commission did impose as a condition to its acquisition of the Cotton Belt that applicant should agree and undertake to acquire and operate the Waco if the Commission should find at some future date that it should do so. Applicant accepted that condition.

The question of whether consummation of this condition should be required and applicant be ordered to acquire the Waco has been pending for several years. Action thereon has been postponed, largely, I believe, because of the recent economic depression and the resulting unfavorable financial condition of applicant. Moreover, motortruck service was in some measure being substituted for railroad service in territory of the Waco.

Now does not seem to be the time to take final action on this matter. Services by truck are having to be curtailed. Applicant's financial

condition recently has greatly improved. How strong it may be after the war remains to be seen.

The construction and extension of the Waco as conceived by Col. R. C. Duff was recognized by the Commission as sound and in the public interest. Only fortuitous and unfortunate circumstances have interfered with its development as contemplated. A decision favorable to the furtherance of this project should not be revoked in the midst of the present emergency.

COMMISSIONER ALLDREDGE did not participate in the disposition of this proceeding.

252 I. C. C.

CASES DISPOSED OF WITHOUT PRINTED REPORT
DURING THE PERIOD COVERED BY THIS VOLUME

INTERSTATE COMMERCE ACT SECTION 1 (18)–(20)

BY DIVISION 4, COMMISSIONERS PORTER, MAHAFFIE, AND MILLER

F. D. No. 11083, CHICAGO & NORTH WESTERN RAILWAY COMPANY TRUSTEE ABANDONMENT. Decided September 16, 1942. Supplemental certificate issued permitting abandonment by Charles M. Thomson, trustee of the Chicago & North Western Railway Company, of a portion of a branch line of railroad in Shawano and Waupaca Counties, Wis. Previous report, 217 I. C. C. 253.

F. D. No. 12479, GREAT NORTHERN RAILWAY COMPANY ABANDONMENT, Decided September 16, 1942. Certificate issued permitting abandonment by the Great Northern Railway Company of a branch line of railroad in Pennington and Red Lake Counties, Minn.

F. D. No. 12786, INDIANA RAILROAD ABANDONMENT. Decided April 22, 1942. Supplemental certificate issued permitting abandonment of operation, under trackage rights, by the Indiana Railroad over the tracks of the Indianapolis Railways, Inc., in Indianapolis, Marion County, Ind. Previous report, 240 I. C. C. 359.

F. D. No. 13366, LARAMIE, NORTH PARK & WESTERN RAILROAD COMPANY ABANDONMENT. Decided July 11, 1942. Present and future public convenience and necessity not shown to permit abandonment by the Laramie, North Park & Western Railroad Company of its line of railroad in Albany County, Wyo., and Jackson County, Colo. Application denied.

F. D. No. 13416, ILLINOIS CENTRAL RAILROAD COMPANY ABANDONMENT. Decided June 15, 1942. Certificate issued permitting abandonment and abandonment of operation by the Illinois Central Railroad Company of lines of railroad in St. Clair County, Ill.

F. D. No. 13424, GEORGIA, FLORIDA & ALABAMA RAILROAD COMPANY ET AL. ABANDONMENT. Decided March 11, 1942. Certificate issued permitting abandonment by the Georgia, Florida & Alabama Railroad Company and P. T. Anderson and Philip Weltner, its receivers, of two branch lines of railroad in Leon, Wakulla, and Frankline Counties, and Gadsden County, Fla., and abandonment of operation thereof by Legh R. Powell, Jr., and Henry W. Anderson, receivers of the Seaboard Air Line Railway Company, lessee.

F. D. No. 13474, LOYALSOCK RAILROAD COMPANY ET AL. PROPOSED ABANDONMENT. Decided March 13, 1942. Public convenience and necessity not shown to permit abandonment by the Loyalsock Railroad Company of a line of railroad in Luzerne and Wyoming Counties, Pa., or abandonment of operation thereof by the Lehigh Valley Railroad Company, lessee. Application denied.

F. D. No. 13487, BALTIMORE & OHIO RAILROAD COMPANY TRACKAGE RIGHTS. Decided April 21, 1942. Certificate issued authorizing operation by the Baltimore & Ohio Railroad Company, under trackage rights, over lines of railroad of the Cherry River Boom & Lumber Company in Webster, Randolph, and Pocahontas Counties, W. Va.

F. D. No. 13499, Yazoo & MISSISSIPPI VALLEY RAILROAD COMPANY ABANDONMENT. Decided June 18, 1942. Present and future publie convenience and necessity not shown to permit abandonment by the Yazoo & Mississippi Valley Railroad Company of a line of railroad in Bolivar County, Miss. Application denied.

F. D. No. 13517, CHICAGO & NORTH WESTERN RAILWAY COMPANY TRUSTEE ABANDONMENT. Decided May 2, 1942. Certificate issued permitting abandonment by Charles M. Thomson, trustee of the Chicago & North Western Railway Company, of a branch line of railroad in Oneida and Forest Counties, Wis.

F. D. No. 13520, ILLINOIS CENTRAL RAILROAD COMPANY ABANDONMENT. Decided August 7, 1942. Certificate issued permitting abandonment by the Illinois Central Railroad Company of a line of railroad in Green, Lafayette, and Iowa Counties, Wis., and Stephenson County, Ill

F. D. No. 13525, SOUTHERN PACIFIC RAILROAD COMPANY ET AL. ABANDONMENT. Decided March 9, 1912. Certificate issued permitting abandonment by the Southern Pacific Railroad Company of a line of railroad in Los Angeles County, Calif., and abandonment of operation thereof by the Southern Pacific Company, lessee.

F. D. No. 13537, GREENE COUNTY RAILROAD COMPANY ABANDONMENT. Decided February 21, 1942. Certificate issued permitting (1) abandonment, as to interstate and foreign commerce, by the Greene County Railroad Company of its entire line of railroad, and (2) abandonment of operation, under trackage rights, over a portion of the line of the Central of Georgia Railway, in Walton and Morgan Counties, Ga.

F. D. No. 13538, MINE HILL & SCHUYLKILL HAVEN RAILROAD COMPANY ET AL. ABANDONMENT. Decided February 16, 1942. Certificate issued permitting abandonment by the Mine Hill & Schuylkill Haven Railroad Company, and abandonment of operation by the Reading Company, lessee, of certain branch lines and parts of branch lines of railroad in Schuylkill County, Pa.

F. D. No. 13543, Central of GEORGIA RAILWAY COMPANY TRUSTEE ET AL. ABANDONMENT. Decided June 6, 1942. Present and future public convenience and necessity not shown to permit abandonment by the Central of Georgia Railway Company and its trustee of a line of railroad in Bulloch and Candler Counties, Ga. Application denied.

F. D. No. 13545, PENNSYLVANIA, OHIO & DETROIT RAILROAD COMPANY ET AL. ABANDONMENT. Decided March 31, 1942. Certificate issued permitting abandonment by the Pennsylvania, Ohio & Detroit Railroad Company, and abandonment of operation by the Pennsylvania Railroad Company, of a branch line of railroad between Trinway and Blissfield in Coshocton and Muskingum Counties, Ohio. Additional certificate issued July 23, 1942, permitting abandonment by the Pennsylvania, Ohio & Detroit Railroad Company, and operation by the Pennsylvania Railroad Company, of a branch line of railroad between Warsaw Juntion and Coshocton in Coshocton County, Ohio.

F. D. No. 13548, ALMANOR RAILROAD COMPANY ACQUISITION AND STOCK. Decided March 19, 1942. Certificate issued authorizing acquisition and operation by the Almanor Railroad Company of a line of railroad, formerly owned by the Red River Lumber Company, in Plumas County, Calif. Condition prescribed. Embraces F. D. No. 13547, ALMANOR RAILROAD COMPANY STOCK, 252 I. C. C. 815. F. D. No. 13556, Springfield & Southwestern RailroAD COMPANY AcquiSITION, ETC. Decided March 16, 1942. Certificate issued authorizing acquisition and operation by the Springfield & Southwestern Railroad Company of a line of railroad in Sangamon County, Ill. Embraces F. D. No. 13591, SPRINGFIELD & SOUTHWESTERN RAILROAD COMPANY SECURITIES, 252 I. C. C. 815,

F. D. No. 13557, OREGON SHORT LINE RAILROAD COMPANY ET AL. ABANDONMENT. Decided May 7, 1942. Certificate issued permitting abandonment by the Oregon Short Line Railroad Company, and abandonment of operation by the Union Pacific Railroad Company, lessee, of that portion of a branch line of railroad extending from Benning to Idahome in Cassia County, Idaho. That part of the application seeking permission to abandon the portion of said branch line of railroad between Benning and Declo in Cassia County, Idaho, denied.

F. D. No. 13561, BURLINGTON-ROCK ISLAND RAILROAD COMPANY ABANDONMENT. Decided March 19, 1942. Certificate issued permitting abandonment by the Burlington-Rock Island Railroad Company of a portion of a branch line of railroad in Limestone and Hill Counties, Tex.

F. D. No. 13562, ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY CONSTRUCTION. Decided May 26, 1942. Public convenience and necessity not shown to require construction by the Atchison, Topeka & Santa Fe Railway Company of an extension of its line of railroad in San Diego County, Calif. Application denied.

F. D. No. 13568, DUBUQUE & SIOUX CITY RAILROAD COMPANY ET AL. AbanDONMENT. Decided August 12, 1942. Certificate issued permitting abandonment by the Dubuque & Sioux City Railroad Company of a line of railroad in Monona and Woodbury Counties, Iowa, and abandonment of operation thereof by the Illinois Central Railroad Company, lessee.

F. D. No. 13575, CAROLINA WESTERN RAILROAD ABANDONMENT. Decided February 27, 1942. Certificate issued permitting abandonment by the Carolina Western Railroad of a portion of its line of railroad in Berkeley County, S. C.

F. D. No. 13589, MISSOURI PACIFIC RAILROAD COMPANY TRUSTEE ABANDONMENT. Decided February 27, 1942. Certificate issued permitting abandonment by Guy A. Thompson, trustee of the Missouri Pacific Railroad Company, of a portion of a branch line of railroad in Pike County, Ark.

F. D. No. 13595, Oregon SHORT LINE RAILROAD COMPANY ET AL. ABANDONMENT. Decided February 24, 1942. Portion of the Evona branch of the Oregon Short Line Railroad Company in Weber County, Utah, held to be a spur. Application dismissed for want of jurisdiction.

F. D. No. 13606, SIBLEY, LAKE BISTENEAU & SOUTHERN RAILWAY COMPANY ABANDONMENT. Decided May 22, 1942. Certificate issued permitting abandonment, as to interstate and foreign commerce, by the Sibley, Lake Bisteneau & Southern Railway Company of its line of railroad in Webster, Bienville, and Red River Parishes, La.

F. D. No. 13608, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY TRUSTEE ET AL. CONSTRUCTION AND OPERATION. Decided February 17, 1942. Certificate issued authorizing the trustee of the St. Louis Southwestern Railway Company, debtor, and the St. Louis Southwestern Railway Company, (1) to construct a line of railroad, and (2) to operate over a line of railroad, in Jefferson County, Ark. F. D. No. 13609, ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY TRUSTEES ABANDONMENT. Decided July 28, 1942. Certificate issued permitting abandonment by J. M. Kurn and John G. Lonsdale, trustees of the St. Louis-San Francisco Railway Company, of a line of railroad in Washington County, Ark., and Adair and Cherokee Counties, Okla.

F. D. No. 13611, Los ANGELES & SALT LAKE RAILROAD COMPANY ET AL. ABANDONMENT. Decided July 24, 1942. Certificate issued permitting abandonment by the Los Angeles & Salt Lake Railroad Company of a line of railroad in Beaver County, Utah, and abandonment of operation thereof by the Union Pacific Railroad Company, lessee. Condition prescribed.