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from Orders and Opinions of the Michigan Public Utilities Commission from January 1, 1920 to December 31, 1920 inclusive
Page 634
STATE OF MICHIGAN
Before The
MICHIGAN PUBLIC UTILITIES COMMISSION
At a session of the Michigan Public Utilities,Commission held at its offices in the City of Lansing, on the 17th day of August, A. D., 1920.

PRESENT:

In this matter the Ann Arbor Railroad Company having on January 15, 1920, filed a petition herein averring that it is the owner and in possession of a. certain spur track, known as the New Haven Spur. extending from a connection with said petitioner's main line of railroad in or near the City of Owosso, through the townships of Caledonia and New Haven in Shiawassee county, a distance of about seven miles, said petitioner further averring among other things that the said spur or track can no longer be maintained or operated-by the petitioner except at great and continuing loss, and that the traffic which might or could be transported upon said spur is insufficient, to warrant or justify the continued maintenance and operation of said spur track: And the Commission having set said matter to be heard on February 9. 1920, at ten o'clock in the forenoon and having notified the said petitioner. the Liberty Coal Corporation, successor to the Superior Coal Corporation, the Owosso Sugar Company. the Mayor of Owosso, the Supervisor of Caledonia Township and the Supervisor of New Haven Township, that the said matter was to be heard on February 9, 1920. at ten o'clock in the forenoon, and the said matter having been adjourned from time to time for the advantage of interested parties, and for the purpose of giving all interested Persons and corporations an opportunity to present their interests to the commission, and a formal hearing having been had before the Commission on March 16. 1926. at which time the petitioner was represented by E. C. Shields and F. J. Shields, its attorneys, the Owosso Sugar Company by George Weadock, its Attorney, New Haven Township by Mr. G. B. Kirn, Supervisor, and the City of Owosso by Van H. Pond. City Attorney, the Liberty Coal Company not being represented at that hearing: And thereafter the Liberty Coal Company having been notified and another hearing having been held on April 14. 1920, at which time the Ann Arbor Railroad Company and the Owosso Sugar Company were
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represented but the Liberty Coal Company or Corporation was not represented, and at which time considerable testimony was taken; And thereafter the Liberty Coal Company or Corporation having been notified of further hearing to be had on April 24, 1920, and said Liberty Coal Corporation having on April 19, 120, filed it petition herein averring that it was the owner of a certain coal mine located at the north end of the said New Haven Spur, and that it was mistaken in the date of the hearing that was held on April 14, 1920, and that it desired a further hearing and desired to present proofs and arguments against the petition of the petitioner; And a further hearing having been arranged for and held on April 24, 1920 at which time the Ann Arbor Railroad Company was represented by Mr. E. C. Shields and Mr. F. J. Shields. its Attorneys, and by some of its officers, the Liberty Coal Corporation being represented by Mr. H. A. Cobb, its President and Attorney, and Mr. W. A. Knapp, and the Owosso Sugar Company by Mr. B. E. Smith, and at which time considerable testimony was takemi and arguments had; And a hearing having been had on said matter on July 24, 1920, at which time the petitioner was represented by its officers and attorneys, the Owosso Sugar Company by C. E. Bell, General Manager, and Walter Bush, its attorney, and the Liberty Coal Corporation by Guy Crane and B. F. Hall, Jr: And many informal hearings and conference having been had during the progress of those proceedings, and the only persons or corporations opposing the petition having been the Owosso Sugar Company and the Liberty Coal Corporation and both of said corporations having been given full and complete opportunity to present to the Commission their claims with reference to the taking up of the so-called New Haven Spur; And on August 10, 1920. the Owosso Sugar Company having filed herein a statement in writing requesting the Commission to enter an order permitting the Ann Arbor Railroad Company to take up and abandon the so-called New Haven Spur. and the Commission having given the consideration to all matters involved in these proceedings, said Commission finds: (a) That any business which might be offered to the petitioner upon the so-called New Haven Spur is insufficient to warrant further maintenance of the said spur and railroad track, and that said railroad track is in very bad condition and that it would require a great outlay of money to repair the said track so that it would he in usable condition, and that the traffic which might be offered to the petitioner would not warrant the said outlay and that no sufficient reasons exist for compelling the Ann Arbor Railroad Company to longer maintain the said branch of railroad: (b) That upon the entire record the petitioner should be granted the relief prayed for in its petition and should be permitted to take up, dismantle and abandon the so-railed New haven Spur. Now. THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission, as follows:
1. That the Ann Arbor Railroad Company, a Corporation, should be and it is Hereby authorized and empowered to take up, dismantle, and abandon its so-called New Haven Spur, extending from a connection with
Page 636

the main line of the Ann Arbor Railroad in or near the City of Owosso, through the townships of Caledonia and New Haven in Shiawassee County, a distance of about seven miles;

2. That the prayer of the petition of the Ann Arbor Railroad Company filed herein on January 15, 190, should be and the same is hereby granted, and said Ann Arbor Railroad Company is authorized and empowered to dismantle, take up and abandon the said branch of railroad in accordance with prayer of said petitioner;

3. That a certified copy of this order shall be mailed to the following parties:

and proof of mailing the same shall be filed herein.

MICHIGAN PUBLIC UTILITIES COMMISSION,