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IN RE PETITION OF BLACK MOUNTAIN RAILWAY COMPANY FOR PERMISSION TO DISCONTINUE SUNDAY PASSENGER SERVICE ON ITS LINE, FOR PERMISSION TO DISCONTINUE ITS STATION AT PENSACOLA, NORTH CAROLINA.

ORDER

The Black Mountain Railway Company, petitioner, makes application for the discontinuance of Sunday passenger service on its line between Kona in Mitchell County, North Carolina, and Pensacola in Yancey County, North Carolina, and also requests that it be given permission to discontinue its station at Pensacola.

This railroad was built primarily for lumbering purposes; and, for the purpose of giving its patrons along the line and its employees ingress and egress, it has operated some limited passenger equipment on said line. This service was inaugurated voluntarily by the company, and now since its business at Pencacola has practically been abandoned and as there is no other business at that point of sufficient volume to warrant this service for travel on Sunday, the petition is granted; and, also, for the same reason, the petitioner is hereby permitted to reduce the station service at Pensacola from that of agency to nonagency with prepay privileges.

By order of the Commission:

This 5th day of December, 1924.

R. O. SELF,

Clerk.

IN THE MATTER OF PETITION OF THE MARION TELEPHONE COMPANY FOR INCREASE IN TELEPHONE RATES IN THE TOWN OF MARION, NORTH CAROLINA.

ORDER

This case coming on for consideration, the petitioner presented evidence to show that an investment has been made in new equipment to the amount of $25,716.31; that an audit by Lockwood, Bonnell and Company, public accountants, shows that the petitioner had invested in the old plant and equipment a net amount of $9,383.86; and that this equipment has been discarded and salvaged for an amount estimated to be about $3,500; that there is no comparison between the relative conditions of the old and new plants and service; and that the rates authorized for this company were inadequate for the old equipment and service, to say nothing of the additional and improved service.

The board of aldermen of the town of Marion in session on December 4, 1924, at which time a copy of the petition was presented to it for consideration, said, in part, as follows:

"And Whereas, in the opinion of the board the petition is meri-
torious and the relief asked for is reasonable, considering the
proposed improvements now being inaugurated, all of which is
found to be as stated in the petition.
And Whereas, in

the opinion of the board the rate should become effective February
1, 1925, instead of January 1, 1925.
It appearing that the

Telephone Company will ask the Commission to grant the relief
commencing on that date.
Therefore, the board approves

the petition."

Therefore it is

ORDERED, That the Marion Telephone Company is hereby authorized, beginning February 1, 1925, to change the following monthly rental rates on its Marion exchange:

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Rural: Eight-party harmonic ringing line, equipped, owned
and maintained by Telephone Company (changed from 12-
party code ringing line)...

2.00

Switching rural lines owned by subscribers, minimum 8
stations per line.....

.50

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Extra for more than one listing in directory, each extra
listing

By order of the Commission:

1.00

.50

This 5th day of December, 1924.

R. O. SELF,
Clerk.

IN THE MATTER OF THE PETITION OF THE SEABOARD AIR LINE RAILWAY COMPANY FOR DISCONTINUANCE OF TRAINS 31 AND 34.

ORDER

BY THE COMMISSION: This petition came on to be heard before us on October 10, 1924. It asked permission for the discontinuance of trains numbered 31 and 34 operating between Charlotte and Rutherfordton. All the principal towns along the line of the road affected by the taking off of these trains asked for in the petition resisted the demand of said petition except the city of Charlotte, which is by far the most important city reached by such trains, Only one citizen of this city protested.

From the evidence taken the Commission finds the following facts:

1. That the number of passengers moving by all Seaboard Air Line trains west of Charlotte has decreased 61 per cent since 1920, and the total number

of passengers handled per train per day has decreased from an average of 70 in 1920 to an average of 27 in 1924, the said decrease being due to the competition of jitney-bus lines and the shutting down of cotton mills in the section served by said railroad. Comparing the passenger business of these trains for the months of June, July, and August of 1919, and the same months for 1924, we find that there has been a decrease of 68 per cent in the number of passengers hauled by train 31 and a decrease of 62 per cent in the number of passengers hauled by train 34.

2. That the railroad company is sustaining a loss on the operation of trains 31 and 34 and trains 15 and 16, which are all the passenger trains operated between Charlotte and Rutherfordton, at a rate of $45,705 per annum.

3. That trains 31 and 34 are of less importance to the people located between Charlotte and Rutherfordton than are trains 15 and 16, which take the early morning mails and express out of Charlotte, and should be allowed to be discontinued rather than trains 15 and 16.

The evidence in this case disclosed, conclusively, the fact that the progress of automotive transportation is curtailing the use of local passenger service of railroads. The competition of jitney-bus lines will gradually force the railroads to curtail local service and to improve through service. To force railroads to continue local service at a great loss will greatly hamper them in the discharge of their more important duties to the public, now that the jitney-bus can accommodate the local travel. The Commission is assured that plans are on foot which, if carried out, will provide a fine summer schedule between Charlotte and Rutherfordton, which will largely compensate that section for the loss they are now to suffer: Wherefore it is

ORDERED, That the petition of the Seaboard Air Line Railway Company for authority to discontinue trains 31 and 34 now operating between Charlotte and Rutherfordton on or after January 1, 1925, be granted, such train service to be restored at any time upon complaint and hearing.

By order of the Commission.

This 13th day of December, 1924.

W. T. LEE,

Chairman.

CLAIMS AND COMPLAINTS

RAILROAD COMPANIES

Citizens of Selma v. Atlantic Coast Line Railroad and Southern Railway Company. Depot facilities. This is petition filed by the citizens of Selma in 1913 asking for a new station building. Order was made as of September 10, 1914, requiring defendant companies to erect at the junction point a station adequate for the future needs of such an important junction. In the meantime, war having been declared, all building by railroad companies was stopped. However, after business was resumed, this matter was again taken up and, under date of April, 1922, another order was issued by the Commission requiring that the construction of the depot be started. Exceptions were filed to this order and overruled by the Commission and notice of appeal filed by the companies with exceptions and assignments by defendant Southern Railway Company. Hearing was then arranged in order to decide on an equitable basis for erecting station. Order made as of December, 1922. It now appearing that the station building has been erected, case is closed.

Citizens of Kinston v. Atlantic Coast Line Railroad Company and Norfolk Southern Railroad Company. Petition for union depot. This petition was filed in 1913 and order made as of April, 1915, requiring the erection of said depot. In the meantime war was declared and building of depots by railroad companies was discontinued; however, after business was resumed the matter was taken up and order made by the Commission authorizing defendant companies to proceed with the erection of the depot. It now appearing that depot has been completed, case is closed.

Town of Cary v. Seaboard Air Line Railway and Southern Railway Companies. Petition for a union passenger depot at Cary. This case was filed in 1913 and order made requiring erection of a union passenger station adequate to the present and future demands of said connecting point. In the meantime, war having been declared, the building of all depots by railroad companies was discontinued; however, after business was resumed, the depot was erected and case is closed.

Citizens of Lansing v. Virginia-Carolina Railroad Company. Petition for adequate depot accommodations. This petition was filed in 1917. It appearing that Lansing was within five miles of another depot and the Commission being without authority to require establishment of depot accommodations within a limit of five miles of another depot, case is dismissed. However, in 1921, petition is again filed and it appearing that the town of Lansing had grown very rapidly and the facilities furnished at that point were totally inadequate to handle the business, an order was made requiring the erection of a building commensurate with demands of the growing community. Exceptions filed to said order and amended petition is then filed by the citizens of Lansing and surrounding communities tributary thereto, asking that the railway company be permitted to discontinue Tuckerdale as a regular station, providing a caretaker or commission agent for the convenience of

the patrons thereat. The railway company indicates its willingness to accept and comply with the proposal contained in the amended petition. Further order is made requiring the erection of the said station. Station having been erected, case is closed.

Citizens of Lexington v. Southern Railway Company. ger station.

Petition for passen

This petition was filed in 1919 and this being at the time when the U. S. Railroad Administration did not entertain any proposal for construction of new depots, the matter was left open. In 1922 the question of depot was taken up and defendant company advises Commission that plans for a passenger station had been completed and that depot would be erected in a short time. Case closed.

Citizens of Ela v. Appalachian Railroad Company. Petition for improved facilities for handling passengers and also freight. After investigation petition is denied. Later on, however, the matter is again brought to the attention of the Commission, with Southern Railway as defendant also, and again investigation is made and agreement is reached between defendant companies to enlarge and make station satisfactory. Case closed.

Citizens of Plymouth v. Atlantic Coast Line Railroad Company and Norfolk Southern Railroad Company. Petition was filed in 1920 and after hearing order was made requiring the erection of station. Exceptions were filed and order made overruling same. Another petition is filed with plans, and hearing as to a portion of the cost, and final order made on same in June, 1922. The depot having been built, case is closed.

Citizens of Columbia v. Norfolk Southern Railroad Company. Petition asking for establishment of Sunday train between Mackey's Ferry and Columbia. The Sunday service inaugurated, and defendant company asked that after same is given a fair trial the earnings are found to be below the expenses, they be permitted to discontinue such operation. Case closed.

Town of Saluda v. Southern Railway Company. Petition for depot facilities. It appearing that the station at Saluda has the accommodations of other stations to take care of the normal business, and this being a very small station and the carriers being unable to build for lack of funds and until conditions due to the war have improved, the matter is deferred until conditions are more normal. The matter is again to be taken up, at which time defendant company will be in a better position to comply with request. Adjusted.

Norfolk Southern Railroad Company to the Commission. Application for discontinuance of mixed trains No. 57 and 58 on Oriental Branch and to operate in their place tri-weekly freight trains and also to operate trains 55 and 56 as mixed trains instead of straight passenger trains. This application was granted. Upon complaint by citizens of Bayboro and Oriental, the Commission authorizes the restoration of former schedule of trains 55 and 56, also tri-weekly mixed trains. Then in 1922 again the question of discontinuance of trains on this branch arises. However, it appears that this was due to strike of the railroad employees and was only temporary. Case is closed.

Norfolk Southern Railroad Company to the Commission. Application for authority to discontinue certain passenger train on the Columbia Branch and

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