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In the matter of the application of the State Highway Department for authority to reconstruct the existing grade separation of State Trunk Line Highway M-57 with the tracks of the Ann Arbor Railroad Com pany in the Village of Ithaca. D-1054, January 3, 1935.

Application having been filed by the State Highway Department through L. W. Millard, its Bridge Engineer, for authority in accordance with the requirements and provisions of Act 335 of the Public Acts of 1931, to reconstruct the existing grade separation structure carrying State Trunk Line Highway M-57 over the tracks of the Ann Arbor Rail road in the Village of Ithaca, such reconstruction to be according to the terms of an agreement entered into on the 23rd day of November, A. D. 1934, by and between Murray I. Van Wagoner, State Highway Commissioner of the State of Michigan, and the Ann Arbor Railroad Company by Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers.

In said application the Commission is advised that the existing grade separation is inadequate for present highway traffic because of the narrow roadway and the generally poor condition of the materials.

The Commission after due consideration of said application has deter mined that the reconstruction of the existing grade separation of State Trunk Line Highway M-57 and the tracks of the Ann Arbor Railroad in the Village of Ithaca is in the interest of public safety, welfare and convenience and therefore, an order should be issued for such reconstruction, based upon the terms of said agreement of November 23, A. D. 1934.

Now, THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission, in accordance with the authority vested in this Commission by Act 335 of the Public Acts of 1931, that Murray D. Van Wagoner, State Highway Commissioner for the State of Michigan, be and he is hereby authorized and empowered to reconstruct the existing grade separation carrying State Trunk Line Highway M-57 over the tracks of the Ann Arbor Railroad Company in the Village of Ithaca: Provided, such reconstruction be according to the terms of the agreement entered into on the 23rd day of November, A. D. 1934, by and between Murray D. Van Wagoner, State Highway Commissioner for the State of Michigan, and the Ann Arbor Railroad Company by Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, which agreement is hereby approved, attached to and made a part hereof, and Now, THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission, in accordance with the authority vested in this Commission by Act 335 of the Public Acts of 1931, that Murray D. Van Wagoner, State Highway Commissioner for the State of Michigan, be and he is hereby authorized and empowered to reconstruct the existing grade separation carrying State Trunk Line Highway M-57 over the tracks of the Ann Arbor Railroad Company in the Village of Ithaca: Provided, such reconstruction be according to the terms of the agreement entered into on the 23rd day of November, A. D. 1934, by and between Murray D. Van Wagoner, State Highway Commissioner for the State of Michigan, and the Ann Arbor Railroad Company by Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, which agreement is hereby approved, attached to and made a part hereof, and

It is FURTHER ORDERED, That this Commission reserve the right to make such further and other orders in the premises as may be deemed necessary.

MICHIIGAN PUBLIC UTILITIES (OMMISSION.

In the matter of the application of the Wabash Railway Company for the approval of Wabash Railway Interlocking track plan, DWG No. PI-99 for protection at the crossing of the Wabash Railway and Ann Arbor Railroad at Milan. 2946. January 23, 1935.

Application having been filed by the Wabash Railway Company, through its signal engineer, H. J. Foale, for the approval of Wabash Railway Interlocking track plan DWG No. PI-99 for protection at the crossing of the Wabash Railway and Ann Arbor Railroad in connection with the reconstruction of the interlocking plant at Milan, which was damaged by a derailment.

The Commission, after examining said plan and due consideration having been given thereto, has determined that the reconstruction of the said interlocking plant at Milan, in accordance with the said Wabash plan DWG No. PI-99, will provide adequate protection for the movements of engines and trains on the Wabash Railway and Ann Arbor Railroad passing over said crossing, therefore, an order should be issued approving of such plan.

Now, THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission, that the Wabash Railway Company be and it is hereby authorized and empowered to reconstruct the interlocking plant at the crossing of the Wabash Railway and Ann Arbor Railroad at Milan, in accordance with the Wabash Railway Interlocking track plan DWG No. PI-99, which plan is hereby approved, attached hereto and made a part hereof; and

IT IS FURTHER ORDERED, That this Commission retains to itself the right to make such further order in this matter which in its judgment should hereafter be made.

MICHIGAN PUBLIC UTILITIES COMMISSION

In the matter of the application of Robert G. Lee, Engineer-Superintendent, Schoolcraft County Road Commission, for Authority to cross at grade with the highway known as Smith's Creek Truck Trail the tracks and right-of-way of the Manistique and Lake Superior Railroad Company at a point six hundred (600) feet East of the section line between Sections seven (7) and eight (8) of Township forty-three (43) North of Range sixteen (16) West. 8030-798. March 14, 1935.

Said application having been filed by A. C. Elmer of the State of Michigan Department of Conservation on behalf of Robert G. Lee, Engineer Superintendent, Schoolcraft County Road Commission, requesting per mission to cross at grade the right-of-way and tracks of the Manistique and Lake Superior Railroad Company with the highway known as Smith's Creek Truck Trail at the point described in caption hereof

After taking this matter up by correspondence with H. H. Hargraves, Superintendent of the Manistique and Lake Superior Railroad Company, the Commission is advised by letter, through V. Parvin, General Superintendent of said railroad as follows:

The Manistique and Lake Superior Railroad Company will waive hear. ing before the Michigan Public Utilities Commission in the matter of Schoolcraft County constructing a highway, known as Smith's Creek Truck Trail, across the Manistique and Lake Superior Railroad Company's track, at grade, at a point approximately six hundred (600) feet east of the Section line between Sections seven (7) and eight (8) in the Southwest quarter of Section 8, Town forty-three (43) North Range six teen (16) West, Schoolcraft County, Michigan.

Said crossing to be constructed and maintained in accordance with specifications of the Michigan Public Utilities Commission and it is understood that all expense of any nature whatsoever, arising from said crossing, will be paid by the Highway and County Authorities.”

The Commission, after due consideration of said application, together with said waiver of right of notice and hearing, has determined that said proposed crossing is necessary and in the interest of the public and the Michigan State Department of Conservation, and therefore said application should be granted

THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission that the Schoolcraft County Road Commission be, and it is hereby authorized and empowered to cross at grade with the highway known as Smith's Creek Truck Trail the track and right-of-way of the Manistique and Lake Superior Railroad Company at a point six hundred (600) feet East of the section line between sections seven (7) and eight (8) of Town forty-three (43) North, Range sixteen (16) West, School craft County, Michigan, PROVIDED:

  1. That the cost and expense of said crossing be in accordance with the terms as set forth in the waiver from the General Superintendent of the Manistique and Lake Superior Railroad Company, and herein quoted.

  2. That said crossing be made at the grade level of the tracks of the railroad.

  3. That said crossing be planked in accordance with the requirements of Section 1 of Act 336 of the Public Acts of 1931

  4. That advance warning signs be provided and maintained at said crossing as required in Section 3 of Act 336 of the Public Acts of 1931

  5. That State Highway Department standard crossbuck signs be provided and maintained at said crossing as required in Section 5 of Act 336 of the Public Acts of 1931.

  6. That proper drainage be provided at said crossing which will secure safety to the traveling public on the highway as well as on the railroad.

  7. That all communication wires parallel with or on the railroad right-of-way be maintained at a height of not less than eighteen (18) feet above said highway crossing, and in case of any power line wires, such wires shall be maintained at a height of not less than twenty-two (22) feet above said crossing.

  8. If the railroad right-of-way is fenced, wing fences shall be placed on the railroad right-of-way on each side of said crossing and connected to the right-of-way fence and to cattle guards which have been approved by the Michigan Public Utilities Commission.

  9. That clear vision be maintained at said crossing by the removal of trees and underbrush from the proposed highway and railroad right of-way so that traffic on the highway, when not less than fifty (50) feet from the tracks, shall have a clear and unobstructed view of approaching engines or trains for not less than five hundred (500) feet.

IT IS FURTHER ORDERED, That nothing in this order shall be construed so as to interfere with any private agreement now existing or which may hereafter be entered into between the parties in interest relative to the cost and expense for the construction and maintenance of said crossing.

IT IS FURTHER ORDRED, That this Commission reserve the right to make any further order herein which, in its judgment, should hereafter be made.

MICHIGAN PUBLIC UTILITIES COMMISSION.

In the matter of the application of Detroit, Toledo and Ironton Railroad Company for the approval of changes as shown in red and yellow on Interlocking Track Plan No. 4-C-3, Sheet 3-C at the crossing of Ann Arbor Railroad Company and Detroit, Toledo and Ironton Railroad Company's tracks at Diann. D-1595, Vol. 6. March 14, 1935.

Application having been filed March 13th, 1935, by the Detroit, Toledo and Ironton Railroad Company through P. L. Forbes, its Superintendent of Telephones and Signals, for the approval of changes as shown in red and yellow on Detroit, Toledo and Ironton Railroad Company Interlocking Track Plan No. 4-C-3, Sheet 3-C at the crossing of the Ann Arbor Railroad Company and the Detroit, Toledo and Ironton Railroad Company tracks at Diann, which plan has been approved by H. J. Foale, Signal Engineer of the Ann Arbor Railroad Company and S. P. Ruddiman, President of the Detroit, Toledo and Ironton Railroad Company.

The Commission, after examining said plan and proposed changes as shown thereon, has determined that such changes will in no way affect the safe operation of engines and trains on both of said railroads passing over said crossing, and therefore the request for the approval of said plan should be granted.

THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission that authority be, and the same is hereby granted to the Detroit, Toledo and Ironton Railroad Company to make such changes as shown in red and yellow on Detroit, Toledo and Ironton Railroad Company's Interlocking track plan No. 4-C-3, Sheet 3-C as submitted March 13th, 1935 for the protection at the crossing of the tracks of the Detroit, Toledo and Ironton Railroad Company and the Ann Arbor Railroad Company at Diann, which plan is hereby approved, attached hereto, and made a part here

IT IS FURTHER ORDERED, That this Commission reserves the right to make such further order herein which, in its judgment, should hereafter be made.

MICHIGAN PUBLIC UTILITIES COMMISSION.

In the matter of the application of the Detroit, Toledo & Ironton Railroad Company for the approval of its blueprint plan drawing No. 4-C-3 sheet 4-C of May 31st, 1935, showing interlocking track plan at the crossing of the Detroit, Toledo & Ironton and the Ann Arbor Railroads at Diann. D-1595, Vol. 6. July 2, 1935.

In said application the Commission is advised that Plan No. 4-C-3, Sheet 3-C, approved in its order of March 14th, 1935, was incomplete as it only showed certain additions and removals, but did not show all the tracks inside the interlocked limits, while said plan No. 4 C-3, Sheet 4-C as submitted shows all tracks, including changes as shown on Plan No. 4-C-3, Sheet 3-C; therefore the request for the approval of said plan as submitted, which plan has been approved by Mr. H. J. Foal for the Ann Arbor Railroad and C. W. Dilfill, Vice-President of the Detroit, Toledo & Ironton Railroad.

The Commission, after due consideration of said application, together with said plan as submitted, has determined that an order be issued as requested, and

THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission that the Detroit, Toledo & Ironton Railroad Interlocking Track Plan Drawing No. 4-C-3, Sheet 4-C of May 31st, 1935, as submitted, showing all tracks inside of the interlocking limits at the crossing of the Detroit, Toledo & Ironton and Ann Arbor Railroads at DIANN be, and the same is hereby approved, and copy of same ordered placed on file in the office of the Michigan Public Utilities Commission as File D-1595, Volume 6, as a substitution for Detroit, Toledo & Ironton Railroad Track Plan 4-C-3, Sheet 3-C, approved by the Michigan Public Utilities Com mission in its order of March 13th, 1935

IT IS FURTHER ORDERED, That the Michigan Public Utilities Commission reserves the right to make any further order in this matter which, in its judgment, should hereafter be made. MICHIGAN PUBLIC UTILITIES COMMISSION. IT IS FURTHER ORDERED, That the Michigan Public Utilities Commission reserves the right to make any further order in this matter which, in its judgment, should hereafter be made.

MICHIGAN PUBLIC UTILITIES COMMISSION.

In the matter of the application of the State Highway Department for the approval of an agreement entered into on the 1st day of March, 1935, by and between the State Highway Department and the Ann Arbor Railroad Company, and Norman B. Pitcairn and Frank C. Nicodemus, Jr., receivers thereof, covering the installation of flashing light signals at the crossing of the tracks of the Ann Arbor Railroad Company with Highway US-27 in Pine River Township, Gratiot County, three miles northwest of Alma. 8030-813. July 17, 1935.

Application having been filed July 17th, 1935, by and between the State Highway Department for the approval of an agreement entered into on March 1st, 1935, by and between Murray D. Van Wagoner, State High way Commissioner and the Ann Arbor Railroad Company, and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers thereof, covering the installation of track circuit flashing light signals of the side-of-the-street type at the crossing of the tracks of the Ann Arbor Railroad with Trunk line Highway US-27, located in Sections twenty-one (21) and twenty-eight (28), Town twelve (12) North, Range three (3) West, Pine River Township, Gratiot County, three miles northwest of Alma.

The Commission, after due consideration of said application, wherein it is advised that Highway US-27 is one of the heaviest traveled highways in the State of Michigan, and that said crossing at the present time is protected only by reflector button cross-buck signs, and that the installation of track circuit flashing light signals at this location will be in the interest of safety to the traveling public, and the State Highway Department having requested that an order be issued, authorizing the installation of such flashing light signals and the approval of said agreement, which reads in part as follows:

“WHEREAs, Of the funds allocated to it by the Federal Government, under the National Industrial Recovery Act, as amended, The Department is permitted to apply a portion to the protection of the public at ent, which reads in part as follows: “WHERE As, Of the funds allocated to it by the Federal Government, under the National Industrial Recovery Act, as amended, The Department is permitted to apply a portion to the protection of the public at railroad grade crossings, by means of the ‘side-of-the-street' flashing light signals; and

WHEREAs, It is the intention of the parties hereto that a portion of such allocated funds shall be utilized in the protection of grade crossings of State Trunk line Highways and the tracks of the Railroad at the following sites, which have been mutually selected: 1. US-27 in Sections 21 and 28, T 12 N, R 3 W. Pine River Twp., of Gratiot County, 3 Mi. NW of Alma,” has determined that the request for flashing light signals at said crossing is a reasonable one, and in the interest of public safety,

THEREFORE. IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission that the State Highway Department be, and it is hereby authorized and empowered to install a track circuit flashing light signal system of the side-of-the-street type to warn traffic on the highway of the approach of engines and trains at the crossing of Trunk line Highway US-27 with the tracks of the Ann Arbor Railroad Company, located in Sections twenty-one (21) and twenty-eight (28), Town twelve (12) North, Range three (3) West, Pine River Township, Gratiot County, three miles northwest of Alma, PROVIDED :

  1. That such flashing light signal system be installed and maintained in accordance with the terms of said agreement, which agreement is hereby approved, attached hereto and made a part hereof.

  2. That said flashing light signal system be according to the Specifications of the Michigan Public Utilities Commission for flashing light signals, a copy of which is hereto attached and made a part hereof.

  3. That if, at any time, said flashing light signals become inoperative, you, the Ann Arbor Railroad Company, shall cause a watchman to be immediately stationed at said crossing to warn traffic of the approach of engines and trains until said flashing light signals have been restored to working order, as set forth in Paragraph eight (8) of said agreement

MICHIGAN PUBLIC UTILITIES COMMISSION.

In the matter of the application of the Monroe County Road Commission in behalf of the citizens of the Village of Samaria for additional pro tection at the crossing of State Trunk Line Highway M-151 with the tracks of the Ann Arbor Railroad Company in Samaria. 7077-619. August 9, 1935

An inspection of the premises in question having been made by Rail road Inspector, Homer Hughes, representing this department in com pany with representatives of the Village of Samaria, the Monroe County Road Commission, the State Highway Department and the Ann Arbor Railroad Company, the Commission is advised in the report of said inspection that due to traffic conditions on the highway and the obstruct ed view of approaching trains caused by trees and buildings to such traffic when about to pass over the crossing, which condition is cited as the cause of numerous accidents which have occurred thereat, that said crossing is considered dangerous and therefore the need of the installa tion of flashing light signals to give advance warning to traffic of the approach of said trains.

The Commission on receipt of said report caused a copy of same to be sent to L. W. Millard, Bridge Engineer, for the State Highway Depart ment, with a request that his department advise as to whether or not they were willing to receive an order of this Commission and join with the Ann Arbor Railroad Company in the installation and maintenance of flashing light signals at said crossing .

Mr. Millard on July 16, 1935, in a letter to the Commission, requested that the matter be held in abeyance until his department could discuss the matter further with the Ann Arbor Railroad Company. Mr. Millard on July 16, 1935, in a letter to the Commission, requested that the matter be held in abeyance until his department could discuss the matter further with the Ann Arbor Railroad Company. Mr. Millard on July 16, 1935, in a letter to the Commission, requested that the matter be held in abeyance until his department could discuss the matter further with the Ann Arbor Railroad Company.

On July 30, 1935, Mr. Millard addressed a letter to V. Parvin, General Superintendent of the Ann Arbor Railroad Company in which he agreed to stand the entire cost of removing the flashing light signals as now maintained at the crossing of U. S. Highway No. 27 and the Ann Arbor tracks located southwest of the City of Mt. Pleasant and relocate same at the Samaria (S. T. L. M-151) crossing of the Ann Arbor, since the U. S. Highway No. 27 crossing is to be separated; work to begin shortly, and there will no longer be a necessity for maintaining such signals at said crossing; said signals when erected at the Samaria crossing to be brought up to date to conform to the requirements of Act 336, Public Acts of 1931. Mr. Millard's proposal to Mr. Parvin being subject to the Railroad Company's willingness to waive the $10.00 per month mainte nance charge for the signals as per the requirements of the law.

On August 1, 1935, General Superintendent Parvin of the Ann Arbor Railroad Company addressed a letter to Bridge Engineer Millard of the State Highway Department agreeing to the relocation of the flashing light signal from the crossing of U. S. Highway No. 27, southwest of Mt. Pleasant, to their Samaria crossing of Trunk Line M-151 and accepted the Highway Department's proposal to bear the entire cost of such re location and modernization of the signals to conform to the statutes; the Railroad Company to maintain the signal system at their own expense thereafter.

On August 5, 1935, this Commission received a letter from Bridge Engineer Millard, enclosing a photostat copy of Mr. Parvin's letter of August 1, 1935, above mentioned and advised that his department would cooperate with the Railroad Company in the installation of flashing light signals at the Samaria crossing of Trunk Line M-151 and the tracks of the Ann Arbor Railroad with the understanding that the State Highway Department would bear the entire cost of relocating the flashing light signals as now maintained at the crossing of the Ann Arbor Railroad and U. S. Highway No. 27, southwest of Mt. Pleasant, to the Samaria crossing of the Ann Arbor Railroad where same crosses State Trunk Line M-151; the Railroad Company to maintain them thereafter at their own expense: such signals to be discontinued and moved as soon as the U. S. Highway No. 27 crossing is closed to traffic during the progress of a separation of grades at that point. However, if for some unforeseen reason the present signals southwest of Mt. Pleasant cannot be made available for use in time to comply with the terms of the order of the Commission, the State Highway Department will guarantee the entire cost of a new installation of flashing light signals at the Samaria crossing.

The Commission, after due consideration of the application for addi. tional protection, the information contained in the copies of letters pass ing between the Highway Department and the Railroad and their agree. ment in said matter, together with the recommendations contained in the report of said inspection, have concluded that conditions at the crossing of State Trunk Line M-151 with the tracks of the Ann Arbor Railroad Company in the Village of Samaria, reasonably demands additional protection and due to the proposed separation of grades at the crossing of U. S. Highway No. 27 and the tracks of the Ann Arbor Railroad Company, southwest of the City of Mt. Pleasant, the construction of which is about to start, there will be no further need for the flashing light signals as now maintained at said crossing.

THEREFORE. IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission that permission be and authority is hereby granted to the Ann Arbor Railroad Company to discontinue and remove the flashing light signal system as now maintained at the crossing of U. S. Highway No. 27 by order of the Commission dated October 20, 1930, File No. 8030-684, if and when said highway at the crossing is closed to traffic, said signals to be relocated by placing same at the crossing of State Trunk Line Highway M-151 and the tracks of the Ann Arbor Railroad Company in the Village of Samaria to give warning to traffic on the high way of the approach of engines and trains, Provided:

  1. When said signal system is installed at the crossing of State Trunk Line M-151 in Samaria it shall be reconstructed and installed to conform with the requirements of Act 336, Public Acts of 1931, and the blue-print and specifications of the Michigan Public Utilities Commission hereto attached and made a part hereof.

  2. That said signal installation shall be made within ninety days from date hereof, and, if it is found impossible to release the flashing light signals as now maintained at the crossing of U. S. Highway No. 27 and the tracks of the Ann Arbor Railroad Company, southwest of the City of Mt. Pleasant, in time to conform to the terms of this order, then, as per agreement of the State Highway Department, a new installation of flashing light signals which shall conform to the requirements of Act 336, Public Acts of 1931, and the attached blue-print and specifications of the Michigan Public Utilities Commission, shall be installed within the said ninety days from date hereof

  3. That the cost of relocating the signal system from the crossing near Mt. Pleasant to the new location at Samaria shall be borne solely by the Highway Department, and, if it is found necessary to install a new flashing light signal system at Samaria, the cost of such installation shall likewise be borne solely by the State Highway Department as per their letter of agreement to this Commission dated August 5, 1935, the maintenance of said signal systems in either case is to be borne by the Ann Arbor Railroad Company as per their agreement with the State Highway Department under date of August 1, 1935

  4. In case said flashing light signal system after being installed at the Samaria crossing becomes inoperative that you cause a watchman to be immediately stationed at said crossing to warn traffic of the approach of engines and trains until said signals have been restored to working order; and

IT IS FURTHER ORDERED, In case of any switch movement over the crossing, one of the train crew shall guard the crossing, giving advance warning to traffic on the highway of such movement.

The Commission reserves the right to make such further and other order in the premises as may be deemed necessary relative to said flashing light signals.

MICHIGAN PUIBLIC UTILITIES COMMISSION.

Rockafellow Grain Company, Complainant, vs. The Ann Arbor Rail road Company, Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, Michigan Central Railroad Company, The New York Central Railroad Company, Lessee, Defendants. Informal Docket No. 489. October 16, 1935.

This matter is before the Commission upon application of the above named defendants requesting that we authorize the payment of Twelve Dollars ($12.00) to the above named complainant as reparation in con nection with the movement of one (1) carload of bulk corn moving from Ashley, Michigan, to Lansing, Michigan, shipment being delivered January 19, 1935.

At the time shipment was made, the rate legally applicable on bulk corn from Ashley, Michigan, to Lansing, Michigan, was Twelve Cents (12c.) per hundred pounds as published by Agent B. T. Jones in his tariff M.P.U.C. No. 450. There was contemporaneously in effect a rate of Ten Cents (10c) applying via Grand Trunk Railway, but in order to place the Ann Arbor Railroad on a parity with the Grand Trunk Railway, the Ann Arbor Railroad subsequently established a rate of Ten Cents (10c) per hundred pounds applying via its line from Ashley, Michigan, to Lansing, Michigan, in its tariff M.P.U.C. No. A-940, effective June 3, 1935, which is the basis upon which reparation is sought.

We find, after due consideration of all of the facts submitted in the pleadings and record, that the charges assessed were irregular and un reasonable to the extent that they exceed those collectible under a rate of Ten Cents (10c) per hundred pounds upon the commodity here at issue moving from Ashley, Michigan, to Lansing, Michigan; that complainant paid and bore the charges upon the shipment in question; that complain ant has been damaged to the extent of the difference between the charges paid and those that would have accrued at the rate herein found reasonable; and that it is entitled to reparation in the sum of Twelve Dollars ($12.00) without interest.

Now, THEREFORE, IT IS HEREBY ORDERED, That the defendants, The Ann Arbor Railroad Company, Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, and The Michigan Central Railroad Company, The New York Central Railroad Company, Lessee, be and they are hereby authorized and directed to pay to the above named complainant, the Rockafellow Grain Company of Lansing, Michigan, on or before November 16, 1935, the sum of Twelve Dollars ($12.00), without interest, as reparation on account of the irregular and unreasonable charges collected on the above involved shipment.

MICHIGAN PUBLIC UTILITIES COMMISSION

In the matter of the application of State Highway Department for author ity to separate the grades at the crossing of Trunk Line Highway US-24 and the Ann Arbor Railroad three-fourths of a mile north of the Ohio State Line, and for the approval of an agreement entered into on the 22nd day of November, A. D. 1935 between the State Highway Department and the Ann Arbor Railroad for such grade separation, and for authority to relocate the flashing light signals now maintained at said crossing. 8030-396. December 2, 1935

Application having been filed November 22nd, 1935, by the State High way Department through L. W. Millard, its Bridge Engineer, for author ity, in accordance with the requirements of Act 335, Public Acts of 1931, to separate the grades at the crossing of Trunkline Highway US-25 and the Ann Arbor Railroad three-fourths (34) of a mile north of the Ohio State Line in Section thirty-six (36) Town eight (8) South of Range seven (7) East, Bedford Township, Monroe County, by carrying Trunk line Highway US-24 over the tracks of the Ann Arbor Railroad, and for the approval of an agreement for such grade separation, entered into on the 22nd day of November, A. D. 1935, by and between the State High way Department and the Ann Arbor Railroad, and for authority to re locate the flashing light signals from the present crossing to the temporary detour track crossing provided for in said agreement, which application advises as follows:

“While it is not specifically mentioned in the agreement, the State Highway Department will be willing to bear the expense of twenty four hour watchman service to be furnished by the Railroad Com pany during the time the signals are being moved to the temporary location.”

The Commission is also advised in said application that,

“US-24 is a very heavily traveled highway, carrying most of the traffic between Toledo and Detroit, and this is the Main Line of the Ann Arbor Railroad Company. We feel that the construction of the grade separation will be in the interest of safety and convenience to the traveling public.”

The Commission is further advised in said agreement

“WHEREAs, The separation of the Railroad and Highway grades by means of an overhead bridge and approaches to carry highway traffic, as a matter of public safety and convenience, at the location noted above, has been approved by the Federal Bureau of Public Roads as a project for emergency construction through the use of funds provided by the United States Government for emergency high way construction, to be expended under the provisions of the Fourth Deficiency Act, fiscal year 1933, as amended and supplemented by, and subject to the provisions of, the Act of June 18, 1934, and the Emergency Relief Appropriation Act of 1935.”

The Commission, after due consideration of this matter, has determined that such proposed separation of grades of Trunkline Highway US-24 and the Ann Arbor Railroad at the point herein referred to is in the interest of public safety, welfare and convenience, and that an order be issued authorizing such grade separation and the approval of said agree ment of November 22nd, 1935, and for authority to relocate the flashing light signals now maintained by order of the Michigan Public Utilities Commission of December 17th, 1925, from the present crossing to the temporary track crossing provided for in said agreement;

THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Com mission, in accordance with the authority vested therein by Act 335, Pub lice Acts of 1931, that Murray D. Van Wagoner, State Highway Commissioner for the State of Michigan be, and he is hereby authorized and em powered to separate the grades at Trunkline Highway US-24 with the tracks of the Ann Arbor Railroad located in Section thirty-six (36) Town eight (8) South, Range seven (7) East, Bedford Township, Monroe County, three-fourths a mile North of the Ohio State Line, Provided: such grade separation be made in accordance with the terms and conditions as set forth in said agreement of November 22nd, A. D. 1935, by and between the State Highway Department, by and through H. C. Coons, Deputy State Highway Commissioner for the State of Michigan, and the Ann Arbor Railroad Company, by and through Norman B. Pitcairn, one of its Receivers, which agreement is hereby approved, attached hereto and made a part hereof, and a copy of same ordered placed on file in the offices of the Michigan Public Utilities Commission as File 8030-396.

IT IS FURTHER ORDERED, That the Ann Arbor Railroad Company be, and it is hereby authorized and empowered to move the flashing light signals now maintained by order of the Michigan Public Utilities Commission on December 17th, 1925, from the present crossing of Trunkline Highway US-24, and install, maintain and operate the same at the temporary track crossing during its existence, Provided, that the cost and expense for the removal of said flashing light signals be made in accordance with the terms as set forth in Article Six of said agreement.

IT IS FURTHER ORDERED, That said temporary track crossing be protected by a watchman for the twenty-four hours of the day to warn traffic on Trunkline Highway US-24 of the approach of engines and trains until such time as said flashing light signals have been moved to said temporary track crossing and placed in operation, providing the cost and expense for the services of such watchman be at the expense of the State Highway Department as set forth in said application, and herein referred to.

MICHIGAN PUBLIC UTILITIES COMMISSION.

The Owosso Argus-Press Nov. 1, 1935

Full Schedule at Car Shops Is to Be Continued

210 Men Will Work Full Time During November, Stated

Two hundred and ten employes in the shops at the Ann Arbor Railroad here will continue working full time through November, it was announced this morning.

Last month the local shops received an appropriation that allowed the men to work full time through the month for the first time in five years.

How long the six day week working schedule will last beyond November is not known. The shops here work on an appropriation received monthly from the Wabash road.

Norman Pitcairn, receiver of the Wabash and Ann Arbor Railroads, was here yesterday morning with other officials of the railroads on an inspection trip and he stated that the resumption of a normal and full time working schedule in the local shops was the result of increased business. He would not predict how long the shops will continue on this basis.

The Ann Arbor is one of the largest industries here and when they were practically shut down five years ago the community felt the effects sharply. Resumption of work there means a great deal to the 200 men there who have been idle or working only a few days a week during the last five years.

The Owosso Argus-Press Dec. 14, 1935 (Ten years ago column)

Thoms (Tommy) McMahon, one of the oldest, if not the oldest employee in point of service, of the Ann Arbor Railroad Company, died in his home in Toledo Friday. He had been a passenger conductor for years and was one of the most popular men on the road with the employes and traveling public.