In the matter of the application of the Michigan State Highway Department for the installation of side-of-the-street flashing light signals at the crossings of the tracks of the Ann Arbor Railroad Company and (1) M-22 (Sheridan Street) in Elberta, (2) M-66 (Mill Street) in Marion, and (3) M-47 (S. Washington Street) in Owosso, Michigan. File No. R-556.40. January 16, 1940.

Application filed under date of January 10th, A. D. 1940 by the Michigan State Highway Department through L. W. Millard, Bridge Engineer, for authority, in accordance with the provisions of Act 336, Public Acts of 1931, to install side-of-the-street flashing light signals at the crossings of the tracks of the Ann Arbor Railroad Company and (1) M-22 (Sheridan Street) in Elberta, (2) M-66 (Mill Street) in Marion, and (3) M-47 (S. Washington Street) in Owosso, Michigan, and for the approval of an agreement entered into under date of January 8th, 1940 between the Michigan State Highway Department and The Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, covering such installation

The Commission is advised in said agreement as follows:

“WHEREAs, of the funds allocated to it from the several recent Federal appropriations, the Highway Department is permitted to utilize a portion for the protection of railroad grade crossings, and

“WHEREAs, under existing State Law, mandatory crossing protection in the State of Michigan is limited to side-of-the-street flashing light signals, * * * and

“WHEREAs, the parties hereto have reached an understanding with each other respecting the installation and maintenance and the division of cost thereof * * * and desire to set forth their under standing in the form of a written agreement”.

Attached to said application and agreement are blue prints showing the type of installation of said flashing light signals.

After due consideration of said application, agreement and blue prints, the Commission Holds AND FINDS: that the installation of side-of-the street flashing light signals at the crossings of the Ann Arbor Rail road Company, more particularly hereinafter described, will provide adequate protection and warning to highway traffic passing over said cross ings of the approach of engines and trains, and that an order should be issued authorizing such installation and the approval of said agreement and blue prints;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Com mission that authority shall be, and the same is hereby granted to the Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, to install side-of-the-street flashing light signals at the following crossings of the tracks of the Ann Arbor Railroad Company:

M-22 in Section 34, Town 26 North, Range 16 West, Benzie County, in Elberta;
M-66 on line common to Section 21 and Section 22, Town 20 North, Range 7 West, Osceola County, in Marion;
M-47 in Section 24, Town 7 North, Range 2 East, Shiawassee County, in Owosso,

PROVIDED :

That said flashing light signals shall be installed in accordance with the blue prints hereinbefore referred to, and specifications of the Michigan Public Service Commission, which blue prints and specifica tions are made a part of this order by reference;
That the cost and expense in connection with the installation and maintenance of said flashing light signals shall be borne in accord ance with the terms of the agreement entered into under date of Janu ary 8th, A. D. 1940 between the Michigan State Highway Department by Murray D. Van Wagoner, State Highway Commissioner of the State of Michigan and the Ann Arbor Railroad Company and Norman B. Pit cairn and Frank C. Nicodemus, Jr., Receivers, by Norman B. Pitcairn, one of the Receivers, which agreement is hereby approved and made a part of this order by reference, and copy of same placed on file in the offices of the Michigan Public Service Commission in File No. R-556.40;
That if, at any time, the flashing light signal system at any of said crossings shall become inoperative, The Ann Arbor Railroad Com pany shall cause a watchman to be immediately stationed at said crossing, to warn highway traffic in advance of the approach of engines and trains, until such flashing light signal system has been restored to working order;
That upon the completion of the installation of said flashing light signals, the Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, shall furnish to this Commission an affidavit, showing that such installation has been completed, and the flashing light signals placed in service; and

IT IS FURTHER ORERED that this order hereby cancels any and all previous orders issued by this Commission or its predecessors covering protection at the aforementioned crossings.

This order shall not be construed so as to interfere with any agreement which now exists between the parties in interest.

This Commission reserves unto itself jurisdiction of this matter, and the right to issue any further order or orders herein which, in its judgment, may be deemed necessary.

MICHIGAN PUBLIC SERVICE COMMISSION.

In the matter of the application of the Michigan State Highway Department for the installation of side-of-the-street flashing light signals at the crossing of the tracks of the Ann Arbor Railroad Company and Davis Avenue in the Village of Harrietta, Wexford County, Michigan. File No. R-557.40. January 16, 1940.

Application filed under date of January 10th, A. D. 1940 by the Michigan State Highway Department through L. W. Millard, Bridge Engineer, for authority, in accordance with the provisions of Act 336, Public Acts of 1931, to install side-of-the-street flashing light signals at the crossing of the tracks of the Ann Arbor Railroad Company and Davis Avenue in the Village of Harrietta, Wexford County, Michigan, and for the approval of an agreement entered into under date of January 8th, A. D. 1940 between the Michigan State Highway Department and The Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, covering such installation.

In said agreement the Commission is advised as follows:

“WHEREAS, of the funds allocated to it from the several recent Federal appropriations, the Highway Department is permitted to utilize a portion for the protection of railroad grade crossings, and “WHEREAS, under existing State Law, mandatory crossing protection in the State of Michigan is limited to side-of-the-street flashing light signals " " " and

Attached to said application and agreement is a blue print showing the type of installation of said flashing light signals.

After due consideration of said application, agreement and blue print, the Commission Holds AND FINDS: that the installation of side-of-the-street flashing light signals at the crossing of Davis Street and the tracks of the Ann Arbor Railroad Company in the Village of Harrietta, Michigan will provide adequate protection and warning to highway traffic passing over said crossing of the approach of engines and trains, and that an order should be issued authorizing such installation and the approval of said agreement and blue print;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Com mission that authority shall be, and the same is hereby granted to The Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, to install side-of-the-street flashing light signals at the crossing of Davis Street and the tracks of The Ann Arbor Railroad Company in the Village of Harrietta, Boon Township, Wexford County, Michigan, PROVIDED :

That said flashing light signals shall be installed in accordance with the blue print hereinbefore referred to, and specifications of the Michigan Public Service Commission, which blue print and specifications are made a part of this order by reference;
That the cost and expense in connection with the installation and maintenance of said flashing light signals shall be borne in accord ance with the terms of the agreement entered into under (late of January 8th, A. D. 1940 between the Michigan State Highway Department by Murray D. Van Wagoner, State Highway Commissioner of the State of Michigan and The Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, by Norman B. Pit. cairn, one of the Receivers, and approved by the Board of County Road Commissioners of Wexford County on December 28th, 1939 by C. A. Lindquist, Chairman, which agreement is hereby approved and made a part of this order by reference, and copy of same placed on file in the offices of the Michigan Public Service Commission in File No. R-557.40;
That if, at any time, said flashing light signal system shall be. come inoperative, The Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, shall cause a watch man to be immediately stationed at said crossing, to warn highway traffic in advance of the approach of engines and trains, until such flashing light signal system has been restored to working order;
That upon the completion of the installation of said flashing light signals, The Ann Arbor Railroad Company and Norman B. Pit cairn and Frank C. Nicodemus, Jr., Receivers, shall furnish to this Com mission an affidavit, showing that such installation has been completed, and the flashing light signals placed in service; and

IT IS FURTHER ORDERED that this order hereby cancels any and all previous orders which may have been issued by this Commission or its predecessors covering protection at this crossing.

This order shall not be construed so as to interfere with any agreement which now exists between the parties in interest.

This Commission reserves unto itself jurisdiction of this matter, and the right to issue any further order herein which, in its judgment, may be deemed necessary.

MICHIGAN PUBLIC SERVICE COMMISSION.

National Fertilizer Association, Inc., et al, Complainants, vs. The Ann Arbor Railroad Company (Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers) et al, Defendants. D-3184. March 18, 1940.

The National Fertilizer Association, Inc., et al, Protestants, vs. B. T. Jones, Agent, Central Freight Association, Respondent. D-3194, March 18, 1940.

By complaint filed July 13, 1938, in Docket D.3184, the National Fertilizer Association, Inc., members of which are manufacturers and shippers of fertilizer and fertilizer materials, and The American Agricultural Chemical Company, Hamilton Farm Bureau, The Smith Agricultural Company, The Michigan Fertilizer Company and Isabella Sugar Company, which are corporations that likewise manufacture and ship fertilizer and fertilizer materials between various points in the Southern Peninsula of Michigan as well as throughout the United States, alleged, among other things: By complaint filed July 13, 1938, in Docket D.3184, the National Fertilizer Association, Inc., members of which are manufacturers and shippers of fertilizer and fertilizer materials, and The American Agricultural Chemical Company, Hamilton Farm Bureau, The Smith Agricultural Company, The Michigan Fertilizer Company and Isabella Sugar Company, which are corporations that likewise manufacture and ship fertilizer and fertilizer materials between various points in the Southern Peninsula of Michigan as well as throughout the United States, alleged, among other things: By complaint filed July 13, 1938, in Docket D.3184, the National Fertilizer Association, Inc., members of which are manufacturers and ship pers of fertilizer and fertilizer materials, and The American Agricultural Chemical Company, Hamilton Farm Bureau, The Smith Agricultural Company, The Michigan Fertilizer Company and Isabella Sugar Company, which are corporations that likewise manufacture and ship fertilizer and fertilizer materials between various points in the Southern Peninsula of Michigan as well as throughout the United States, alleged, among other things:

That the present rates on fertilizer and fertilizer materials in car loads between various points in the Southern Peninsula of Michigan are on a higher basis than the prevailing rates in Ohio, Indiana and Illinois;
That prior to December 20, 1937, the rates on fertilizer and fertilizer materials between points in the Southern Peninsula of Michigan were on the basis of the scale of rates prescribed by the Interstate Commerce Commission in Ohio Farm Bureau Federation vs. A. & W. Ry. Co., 146 ICC 419 and by the Michigan Public Utilities Commission in American Agricultural Chemical Company vs. A.A.R.R. Co., D-2316 and The National Fertilizer Association, Inc., vs. A.A.R.R. Co., D-2317 and that since such date, the intrastate rates on these commodities between points in the Southern Peninsula of Michigan have exceeded said scale of rates plus the 10 per cent increase authorized by the Interstate Commerce Com mission on interstate traffic under its decision in ExParte 115 and ExParte 123, 223, ICC 657 and 226 ICC 41, respectively;
That the rates published, charged and collected by defendants on fertilizer and fertilizer materials, in carloads from and to points in the Southern Peninsula of Michigan are unjust, unreasonable and excessive and in violation of the laws of the State of Michigan. Reasonable rates for the future are sought.

By schedules filed to become effective September 1, 1938, respondents proposed to further increase rates on fertilizer and fertilizer materials, in carloads, between points in the Southern Peninsula of Michigan. Upon protests of the National Fertilizer Association, Inc., and various manufacturers of fertilizer and fertilizer materials, the effective dates of such schedules were postponed until October 15, 1938, Docket D.3194, and further voluntarily postponed until this Commission decides upon the issues presented. This latter proceeding was held jointly with the first Case.

There were pending before the Interstate Commerce Commission its Dockets I & S 4522 and 28063 involving similar issues and, upon request, these proceedings were held jointly under the cooperative plan of the Interstate Commerce Commission.

Rates will be stated in the amount per ton and are those for shipments in carloads. Respondents and defendants will be referred to as defend ants; protestants and complainants will be referred to as complainants.

Petitions of intervention in support of the complaint in D-3184 were filed by Indiana Farm Bureau Cooperative Association, Inc., Farm Bu reau Services, Inc., Ohio Farm Bureau Federation and Farm Bureau Cooperative Association, Inc

All evidence submitted in the Interstate Commerce Commission case is accepted as applying to the Michigan cases insofar as pertinent, as stipulated by the parties.

Exceptions to the report of the Director of the Rate and Tariff Division were filed by complainant and defendants and the case was orally argued before the Interstate Commerce Commission.

Prior to December 20, 1937, the rates on fertilizer and fertilizer materials between points in the Southern Peninsula of Michigan were approximately 19.6 percent of the first class rate. These rates were prescribed by this Commission in American Agricultural Chemical Company vs. Ann Arbor Railroad Company, et al., D-2316 and The National Fertilizer Association, Inc., vs. The Ann Arbor Railroad Company, D-2317 (hereinafter referred to as the Ohio Farm Bureau Case) and were identical with rates prescribed by the Interstate Commerce Commission in Ohio Farm Bureau Federation vs. Ahnapee & W. Ry. Co., 146 ICC 419, July 11, 1928. On December 20, 1937, following the Interstate Commerce Commission decision in General Commodity Rate Increases, 1937, Ex Parts 115, 223 ICC 657, and upon authority of the Michigan Public Utilities Commission Special Permission No. 5678, as amended, dated November 12, 1937, the latter rates were increased to 22.5 percent of the first class rates, the average increase being 14.5 percent. Notwithstanding protests and requests for suspension of the latter rates filed by the National Fertilizer Association, Inc., and many of its members, the Commission took no action, thereby permitting the rates to become effective subject to formal complaint appropriately filed.

By schedules filed to become effective September 1, 1938, defendants proposed to increase the latter rates to 22.5 percent of the first class rates which reflects 22.5 percent of the first class rates increased 10 per cent March 28, 1938, as authorized by the Interstate Commerce Commis. sion in the Fifteen Per Cent Case, 1937-1938, ExParte 123, 226 ICC 41. The proposed rates were the same as those established March 28, 1938, in trunk line territory, the latter rates representing increase of 10 per cent over those previously in effect authorized in the above-cited proceeding. The average increase in rates in Michigan proposed September 1, 1938, would be 26 percent over the average rate in effect on December 19, 1937. Appendix A shows the rates prescribed in the Ohio Farm Bu reau Case; the latter rates plus 10 percent; those established December 20, 1937, and now in effect designated as 22.5T, ; the proposed rates, also the per ton and percentage increase.

A description of commercial fertilizer, materials from which it is manufactured, consumption in the United States, manner in which shipped, et cetera, is set forth in Fertilizer between Official and Southern Terri tories, 232 ICC 301, decided by the Interstate Commerce Commission April 27, 1939, and need not be repeated here

The principal reasons urged by defendants in support of the proposed rates is their need for additional revenue and that the rates in Central Territory, including Michigan, should be on a parity with those in trunk line territory. They state that at the time the rates in the Ohio Farm Bureau Case were prescribed the carriers were in a fairly prosperous condition while, at the present time, they are in deplorable financial straits. Defendants cite Emergency Freight Charges, 1935, 208 ICC 4, wherein considering the carriers' need for revenue the Interstate Commerce Commission admonished them to increase rates which industry and traffic could bear without harm. It is defendants’ position that the proposed rates come well within that category

In a traffic study introduced by defendants for March and April, 1937, and 1938, the months during which the great preponderance of complete fertilizer moves, the average loading of that commodity and fertilizer material in Central Territory including the Southern Peninsula of Mich igan, is shown to be 46,436 pounds, which is stated to be less than the average loading in eastern trunk line territory. This study admittedly does not include tonnage moving over all lines. Fertilizer material, the tonnage of which approximates that of fertilizer, is shipped steadily throughout the year principally during the months complete fertilizer is not moving and the average loading exceeds that of fertilizer. Com plainants question the average loading of 46,436 pounds. They show that the average loading of 19 carriers operating wholly in Central Territory, including the Southern Peninsula of Michigan, in 1937 was 62,000 pounds and that the average loading of fertilizer and fertilizer materials N.O.S. in the territory east of the Mississippi River during 1937 was approximately 60,000 pounds. Defendants also introduced considerable testimony intended to show that a higher grade of box car is necessary for the transportation of fertilizer. This testimony was disputed by shippers of fertilizer who claim that nothing more than ordinary box cars that will shed moisture and prevent the lading from getting wet and that are free from protruding objects that will damage the bags are required. Complainants state equipment of this character is required to move any bagged commodity that has to be kept dry such as cement, plaster, etc

Witnesses in the Michigan cases were unable to state the average haul of fertilizer and fertilizer materials in Michigan, but the average haul in Central Territory was stated to be about 240 miles. Under the pro posed rate of $4 for that distance based on the average loading of 46,436 pounds given by defendants, the per car earnings would be $92.87 as compared with $74.30 under the rate of $3.20 found reasonable in the Ohio Farm Bureau Case; $81.27 under the latter rate increased 10 per cent or $3.50, and $83.60 based on the present rate of $3.60. An exhibit introduced by complainants shows the rates from Chicago Heights, Illinois, at which place there is a large fertilizer plant, to representative destinations in Indiana and Michigan in effect prior to December 20, 1937, the present rates, the suspended rates and the rates in effect prior to December 20, 1937, plus 10 percent together with the first class rates and the percentages that the fertilizer rates were, are and would be of the contemporaneous first class rates. The average rate on fertilizer prior to December 20, 1937, to the points shown was $2.65. If those rates were increased 10 percent, the average rate would be $2.92, an increase of 27 cents. The average of the rates under suspension is $3.37. The present rates are on an average of 39 cents over the average rate effective prior to December 20, 1937. The present rate produces an average of $3.60 per car and the proposed rate, an average of $13.50 per car, based on a loading of 30 tons, over the per car earnings under the rates in effect prior to December 20, 1937, plus 10 percent. In other words, the carriers are now collecting an average of $3.60 per car more than they would be entitled to under the scale prescribed in the Ohio Farm Bureau Case plus 10 percent and if the suspended rates become effective they will collect on an average of $13.50 more per car than under the latter scale plus 10 percent.

Complainants do not object to an increase of 10 per cent over the rates in effect prior to December 20, 1937, which increase was authorized by the Interstate Commerce Commission on March 8, 1938. In applying the 10 percent increase to the rates effective December 20, 1937, a pyramiding process comes into play in contravention of the Commission's admonition in the Fifteen Percent Case, 1937-1938, 226 ICC 41, wherein at page 139 it was stated that in making increases, all effective increases accomplished as the result of general commodity rate increases of 1937 should be taken into account and considered part of the subsequent general in crease, so that the authorized percentage increase would not be made cumulative. The scope of this Commission's special permission allowed the same rates to become effective on Michigan intrastate traffic. Rates on fertilizer and fertilizer materials from points in Central Territory to destinations in southern territory are those established January 20, 1938 and represent an increase of approximately 4.5 percent over those previously in effect .

On May 1, 1938, in Fertilizer between Official and Southern Territories, supra, the rail carriers proposed to increase their rates on fertilizer and fertilizer materials in carloads from Official to Southern Territory in excess of those authorized by the Interstate Commerce Commission on March 8, 1938. Many of the reasons advanced by the defendants in that proceeding in support of the proposed increase were similar to those advanced in the instant proceeding, including need for additional revenue, admonition of the Interstate Commerce Commission to increase rates which the traffic can bear and comparison with rates in contiguous territories. Increase in the interterritorial rates in excess of the 10 per cent, of that authorized by the Interstate Commerce Commission was denied by that Commission and the only rates on fertilizer and fertilizer materials in excess of 10 percent over those in effect December 19, 1937, are those established in central territory, which includes Michigan, December 20, 1937. This increase had the effect of disrupting the relation between the rates in Michigan and other territories, all of which were prescribed or approved by the Interstate Commerce Commission after exhaustive investigations. The rates here proposed would further disrupt this relation. The question of related rates on fertilizer or fertilizer materials is of great importance to the consumer, manufacturer and the carriers. Complainants urge that it is a serious matter to all concerned including the farmers in central territory, to have the rates on their important plant foods increased in such proportions as has been and is proposed to be done, in contrast with the 10 per cent in crease in rates in other nearby districts.

In By-Products Coke Corp. vs. Aberdeen & Rockfish R. Co., 169 ICC 126, the Interstate Commerce Commission emphasized the important bearing the fertilizer industry has upon agriculture of the country, and said that the essential character of the industry and the necessity for ac cording fertilizer materials favorable rate treatment had long been recognized by it. The following statement was quoted with approval by the Interstate Commerce Commission from its decision in Virginia-Carolina Chemical Co. vs. St. Louis S. W. Ry. Co., 16 ICC 489.

Fertilizer is a low-grade traffic, subject to no great risk in transit and requiring no special service for its transportation in the sense that “special service” is generally understood. Its free movement and use is an auxiliary tending to produce a larger volume of traffic and thus promote the prosperity of carriers and their patrons, so that considering both commercial and transportation conditions it is entitled to comparatively low rates.

This expression has been repeatedly approved by the Interstate Commerce Commission in other proceedings dealing with rates on fertilizer and fertilizer materials, including the Consolidated Southwestern Cases, 123 ICC 203, where that Commission called attention to the essential character of the fertilizer industry and the necessity for low rates on fertilizer materials as follows:

Fertilizer, because of its beneficial effect on the land and its very immediate and great effect on traffic, should be kept on as low a level of rates as transportation condition warrant.

Complaints contend that the proposed adjustment would not result in increasing defendants' revenue, as it would have the effect of diverting traffic to other modes of transportation. In this connection, they point out that, while as stated by defendants, the Interstate Commerce Com mission admonished them to increase rates which industry and traffic can bear without harm, in the same proceeding that Commission also said that “It is probable that in many instances more is to be gained by reducing rates than by increasing them”.

As stated by the Interstate Commerce Commission in Fertilizer be. tween Official and Southern Territories, supra, “a considerable portion of the movement of complete fertilizer is by truck and this method of transportation is increasing”, which fact may have been the reason defendants in that proceeding many of whom are defendants in the instant proceeding continue to maintain rates only 4.5 percent over those in effect December 19, 1937 although authorized to increase such rates 10 percent, after an exhaustive investigation by the Interstate Commerce Commission in which defendants vigorously insisted, as they do in the instant proceeding, that the present rates should be more than 10 percent over those in effect on the above date.

For the year ending June 30, 1938 the tonnage from one of the largest shippers of fertilizer and fertilizer materials in Michigan was 38 percent by rail and 62 percent by truck and there has been an appreciable diversion to motor trucks since the advances were made on December 20, 1937, such diversion amounting to approximately 15 per cent. With an additional increase in rates as now proposed in the suspended schedules, there would apparently be a further diversion from rail to trucks.

As heretofore stated the rates in Michigan were prescribed in Ohio Farm Bureau Case as reasonable maximum rates after a thorough investigation. Numerous petitions for reopening that proceeding before the Interstate Commerce Commission was denied by that Commission and in various subsequent proceedings this scale has been adhered to. Defendants here urge, as they have in other proceedings, that the rates prescribed by the Interstate Commerce Commission in the Ohio Farm Bureau Case were not reasonable maximum rates, having been established with the principles of the Hoch-Smith Resolution in mind and an erroneous conception of that resolution. In the Interstate Commerce Commission's report on reconsideration in Wilson and Toomer Fertilizer Co. vs. Chesapeake & O. Ry. Co., 215 ICC 222, decided April 6, 1936, it adhered to the scale prescribed in the Ohio Farm Bureau Case, and found there was no misconstruction of the Hoch-Smith Resolution. The rates prescribed by this Commission in Dockets D-2316 and D-2317 were identical with those prescribed by the Interstate Commerce Commission in the Ohio Farm Bureau Case.

Complainants direct attention to the fact that in authorizing the in creases which became effective March 28, 1938, the Interstate Commerce Commission emphasized that consideration was given to the general commodity rate increases of 1937. Special emphasis is directed to the fact that the latter increases were authorized upon the application of the carriers to incorporate in their permanent rate structure the emergency charges that expired December 31, 1936 and that no emergency charge was authorized or ever applied on fertilizer or fertilizer materials. In other words, the carriers there sought to recoup the reductions in freight revenues resulting from the expiration of the emergency charges on December 31, 1936, which charges did not cover fertilizer or fertilizer materials. In proposing, in that proceeding, to in crease the rates on fertilizer and fertilizer materials the carriers departed from their primary object of obtaining an extension of the emergency charges and sought a basis of rates different from, and higher than, that which previously had been prescribed by the Interstate Commerce Commission as a maximum reasonable basis, which object they had been unsuccessful in obtaining not withstanding their petitions previously filed with the Interstate Commerce Commission for that purpose. See Smith. Agr. Chem. Co. vs. Alton & E. Ry. Co., 179 ICC 351, and cases therein cited. The Interstate Commerce Commission, when stating in the Fifteen Per Cent Case, 1937-1938, supra that the increase authorized should not reflect a higher percentage increase than 10 per cent over the rates in effect prior to the increases resulting from the decision in General Commodity Rate Increases, 1937, Supra, it was specifically stated on page 138 that to apply double increases in rates on any commodity would subject such commodity—

to an undue proportion of the total transportation burden and subject those particular descriptions of traffic to undue and unreasonable prejudice and disadvantage, as compared with all other commodities.

On page 139, in discussing the impropriety of applying double increases in rates, the Interstate Commerce Commission, after referring to General Commodity Rate Increases, 1937, said

But in making such increases all effective increases accomplished under the authority of the decision last cited * * * * shall be taken into account and consideration as part of the increases here authorized so that the above-mentioned percentage increases shall not be made cumulative thereon.

The principal reason advanced by defendants for increasing rates in Michigan have been urged in previous proceedings, where, as above stated, the scale approved in the Ohio Farm Bureau Case has been re approved. There is no condition at this time which would justify any change in the latter scale other than applying the 10 percent increase thereto.

We find that the proposed rates have not been justified. We further find that the present rates on fertilizer and fertilizer materials, in car loads, between points in the Southern Peninsula of Michigan were, are and for the future will be unreasonable to the extent they exceeded, exceed or may exceed those in effect December 19, 1937, increased 10 per cent.

Now, THEREFORE, IT IS HEREBY ORDERED :

That the defendants in this proceeding according as they participate in the transportation, be and they are hereby notified and required to cease and desist on or before May 28, 1940 and thereafter to abstain from publishing, demanding or collecting for the transportation of fertilizer and fertilizer materials, in carloads, from and to points designated in the next succeeding paragraph rates which exceed those prescribed in said paragraph;
That said defendants, according as they participate in the transportation, be and they are hereby notified and required to establish on or before May 28, 1940 upon notice to this Commission and to the general public, but not less than 30 days filing and posting in the manner prescribed by law, and thereafter to maintain and apply to the transportation of fertilizer and fertilizer materials, in carloads, between points in the Southern Peninsula of Michigan, rates per net ton which shall not exceed those in effect December 19, 1937 increased 10 percent;
That the defendants herein be and they are hereby notified and required to cancel all schedules postponed in Docket D-3194, the opera tion of which have been voluntarily deferred by defendants until the termination of this proceeding on or before April 3, 1940 upon notice to this Commission and to the general public, but not less than one day filing and posting in the manner prescribed by law;
That this Commission reserves unto itself full jurisdiction in this matter and the right to make any other or further order or orders in this matter as it shall hereafter deem just, fitting and proper.

MICHIGAN PUBLIC SERVICE COMMISSION.

In the matter of the joint application of the Ann Arbor Railroad Company and the Pere Marquette Railway Company, for authority to substitute side-of-the-street flashing light signals for the watchman now main tained at the West Superior Street crossing of their tracks in the City of Alma, Michigan. File 7077-241. February 1, 1940

Application filed under date of January 24th, 1940 by the Ann Arbor Railroad Company through V. Parvin, General Superintendent and the Pere Marquette Railway Company through D. J. Swope, Division Superintendent, for authority to substitute side-of-the-street flashing light signals for the watchman now maintained at the West Superior Street crossing of their tracks in the City of Alma, Michigan.

In said application the Commission is advised as follows:

“The Pere Marquette Railway and Ann Arbor Railroad jointly handled this matter with the city officials at Alma who at a regular meeting of the city commission of the city of Alma August 22, 1939 passed a resolution authorizing this installation, a copy of the resolution being attached hereto. “Will you kindly prepare an order providing for this installation in accordance with Act 336, 1931, except that the Pere Marquette Railway and Ann Arbor Railroad will install the signals at their own expense and without any cost to the city of Alma; also the Pere Marquette Railway and Ann Arbor Railroad will maintain and assume the maintenance charge after the installation is completed”.

The resolution attached to said application and hereinbefore referred to reads in part as follows:

“* * * Moved by Commissioner Carney, seconded by Commissioner Smedberg, that the proposal of the Ann Arbor Railroad Company to install the latest type of railroad crossing flashlight and signal at the West Superior Street crossing be accepted and that a copy of this resolution be sent to the Ann Arbor Railroad Company • * *. Ayes—Commissioners Carney, Smedberg, Blesch, Gay. Nays—None”.

After due consideration of the matter as submitted the Commission Holds AND FINDS: that the substitution of flashing light signals of the side-of-the-street type for the watchman as now maintained by order of the Commission at the West Superior Street crossing of the tracks of The Ann Arbor Railroad Company and the Pere Marquette Railway Company will be in the interest of public safety and convenience, and that an order should be issued, granting said application;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Com mission that authority shall be, and the same is hereby granted to The Ann Arbor Railroad Company and the Pere Marquette Railway Company to substitute and install side-of-the-street flashing light signals within ninety (90) days from date of this order at the crossing of their tracks and West Superior Street in the City of Alma, Michigan, Pro vided :

Said flashing light signals shall be installed in accordance with the provisions of Act No. 336, Public Acts of 1931, and specifications of the Michigan Public Service Commission, a copy of which is made a part of this order by reference;
That the cost and expense for the installation and maintenance of said flashing light signals shall be borne in accordance with the agreement of the parties hereto;
If, at any time, said flashing light signal system shall become inoperative at said crossing, the Pere Marquette Railway Company and The Ann Arbor Railroad Company shall immediately cause a watchman to be stationed at said crossing, to warn highway traffic in advance of the approach of engines and trains, until such flashing light signal system has been restored to working order;

IT IS FURTHER ORDERED that upon the completion of the installation of said flashing light signals, the Pere Marquette Railway Company and The Ann Arbor Railroad Company shall cause an affidavit to be filed with this Commission, showing that such installation has been completed and placed in service.

This order hereby cancels any previous orders which may have been issued by this Commission or its predecessors, covering protection at the above mentioned crossing.

This Commission reserves unto itself jurisdiction of the matter, and the right to issue any further order or orders herein which, in its judgment, may be deemed necessary in the interests of the traveling public.

MICHIGAN PUBLIC SERVICE COMMISSION.

In the matter of the application of The New York Central Railroad Company for approval of proposed changes to be made at its crossing of The Ann Arbor Railroad Company at Federman, Michigan, as shown in red and yellow on Plan No. SC-1453-I, Revision No. 6, November 18, 1932. Files No. D-2739 and 943-28. April 17, 1940.

An application was filed on April 15th, 1940, by The New York Central Railroad Company through its Assistant Signal Engineer, H. D. Abernethy, for approval of proposed removal of inoperative approach signals, and in lieu thereof to install signs “Interlocking 4000 Feet”, at the crossing of its tracks and The Ann Arbor Railroad Company in Federman, Michigan, as shown in red and yellow on Interlocking Plan S-C 1453-I, Revision No. 6, dated November 18th, 1932, which plan has been approved by F. B. Wiegand, Signal Engineer, New York Central Railroad, and G. A. Rodger, Signal Engineer, Ann Arbor Railroad Company, and is filed with said application.

After due consideration of the matter as submitted, the Commission holds AND FIND: that said proposed changes will not endanger the safety of the railroad employees and traveling public, and therefore said blue print plan should be approved;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Commission that permission shall be, and the same is hereby granted to The New York Central Railroad Company to remove the inoperative approach and signals, and install signs “Interlocking 4,000 feet” in lieu thereof at the crossing of its tracks and the Ann Arbor Railroad Company in Federman, Michigan, as shown in red and yellow on New York Central Railroad Signal Department Plan S-C 1453-I, dated February 6, 1909, Revision No. 6 dated November 18th, 1932, which plan is hereby approved and made a part of this order by reference, and copy of same placed in Files No. I 27:39 and 943-28.

This Commission reserves unto itself jurisdiction of this matter and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary.

MICHIGAN PUBLIC SERVICE COMMISSION.

Toledo Blade April 27, 1940

TRUCK IS HIT BY FAST TRAIN

Driver Escapes Injury As Rear of Carrier Is Smashed

Anthony Hejtmanek, 62, of 2605 York Street, escape unhurt at 5:30 p. m. yesterday when his truck was struck by a speeding Ann Arbor Railroad passenger train at the Dixie Highway crossing. The train slashed off the rear of the vehicle. The driver who operates a small mill and grocery at 2601 York Street, said he had been making deliveries. Flour, feed and lard were strewn over the highway.

In the matter of the application of the Pere Marquette Railway Company for the approval of changes as shown on Drawing SA-540-I-C-C at the crossing of the tracks of the Pere Marquette Railway Company and the Ann Arbor Railroad Company in Clare, Michigan. File No. 943-25. May 15, 1940.

Application was received under date of April 30th, A. D. 1940 from the Pere Marquette Railway Company through its Signal Engineer and Superintendent of Telegraphs, G. W. Trout, requesting the approval of changes as shown on Drawing SA-540-ICC, dated March 22nd, 1940, at the interlocking plant of the Pere Marquette Railway Company and the Ann Arbor Railroad Company in Clare, Michigan, which drawing is attached to said application, and has the approval thereon of G. W. Trout for the Pere Marquette Railway Company and G. A. Rodger for the Ann Arbor Railroad Company.

The Commission is advised in connection with said application as follows:

“The fixed approach signals on the Ann Arbor track are to be located 3500 feet from the home signals.

“The Ann Arbor westward home signal is located 348 feet from the crossing.

“The Ann Arbor eastward signal is to be relocated 324 ft. from the crossing (present signal is too close to US-10).

“The fixed eastward approach signal on the Pere Marquette is located 2794 feet from the home signal.

“The eastward home signal on the Pere Marquette is to be relocated to a point 555 feet from the crossing (this relocation is to be brought about to take care of connecting the passing track switch into the interlocking).

“The present switch which is connected into the interlocking is to be relocated to a point approximately 25 feet west of the eastward home signal and will be a hand-throw switch.

“The westward approach signal on the Pere Marquette is located 3186 feet east of the home signal.

3186 feet east of the home signal. “The westward home signal on the Pere Marquette is to be relocated to a point 259 feet from the crossing (the westward home signal in its present location is not located for proper clearance between main track and the Harrison Branch track and it is proposed to move it closer to the crossing to secure standard clearances).

“It is proposed to remove all derails from the plant.”

After due consideration of said application and drawing, the Com mission HOLDS AND FINDS: that the proposed changes at the interlocking plant of the Pere Marquette Railway Company and the Ann Arbor Rail road Company in the City of Clare, Michigan will not endanger the safety of railroad employees and the traveling public, and said application and drawing should be approved;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Com mission that the application of the Pere Marquette Railroad Company for approval of Drawing SA-540-1CC, dated March 22nd, 1940, showing proposed changes at the interlocking plant of the Pere Marquette Rail way Company and the Ann Arbor Railroad Company in the City of Clare, Michigan, and as more particularly hereinbefore referred to shall be, and the same is hereby approved and made a part of this order by reference, and copy of same placed in File No. 943-25.

This Commission reserves unto itself jurisdiction of this matter, and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary.

MICHIGAN PUBLIC SERVICE COMMISSION.

In the matter of the application of the Grand Trunk Western Railroad Company for the approval of changes as shown on Plan W-1057-TP at the crossing of the tracks of the Grand Trunk Western Railroad Com pany and the Ann Arbor Railroad Company in Lakeland, Michigan. File No. 943-124. May 15, 1940

Application was received under date of May 7th, 1940, from the Grand Trunk Western Railroad Company through W. L. Dayton, Superintend. ent of Signals, requesting the approval of changes as shown on G.T.W. Plan W-1057-TP, at the interlocking plant of the Grand Trunk Western Railroad Company and the Ann Arbor Railroad Company in Lakeland, Michigan, which blue print is attached to said application, and has the approval thereon of W. L. Dayton, Superintendent of Signals for the Grand Trunk Western Railroad Company, and G. A. Rodger, Signal Engineer for the Ann Arbor Railroad Company.

The Commission is advised in connection with the proposed changes as follows:

“Remove all derails and detector bars.

“Install track circuits between home signals on both roads

Install track circuits between home signals on both roads. “Relocate A.A.R.R. Signal No. 12 from the left to right side of track and 30' nearer to the crossing

and 30' nearer to the crossing. “Relocate A.A.R.R. fixed distant signals; eastward signal from 1556 feet to 3861 feet; westward signal from 1570 feet to 3863 feet, from the crossing.

“Distant signals at this plant are not operative as speed of trains through the plant is limited to 20 M.P.H.”

After due consideration of said application and blue print, the Com mission HOLDS AND FINDS: that the proposed changes at the interlocking plant of the Grand Trunk Western Railroad Company and the Ann Arbor Railroad Company in Lakeland, Michigan will not endanger the safety of railroad employees and the traveling public, and said application and blueprint should be approved ; After due consideration of said application and blue print, the Com mission HOLDS AND FINDS: that the proposed changes at the interlocking plant of the Grand Trunk Western Railroad Company and the Ann Arbor Railroad Company in Lakeland, Michigan will not endanger the safety of railroad employees and the traveling public, and said application and blueprint should be approved ;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Commission that the application of the Grand Trunk Western Railroad Company for approval of G.T.W. Plan W-1057.TP, Issue No. 1. 3-23:31, showing proposed changes at the interlocking plant of the Grand Trunk Western Railroad Company and the Ann Arbor Railroad Company in Lakeland, Michigan, and as more particularly hereinbefore described shall be, and the same is hereby approved and made a part of this order by reference, and copy of same placed in File No. 943-124

This Commission reserves unto itself jurisdiction of this matter, and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary.

MICH IGAN PUBLIC SERVICE COMMISSION.

In the matter of the application of The New York Central Railroad Com pany for the approval of proposed changes to be made to the interlock ing plant at its crossing of the tracks of the Ann Arbor Railroad Company at Federman, Michigan, as shown on New York Central Railroad Signal Department Plan No. S-C1453-I, dated February 6, 1909, Re vision No. 6 of November 18, 1932. File No. D-2739. June 28, 1940

An application was filed on May 31st, 1940 by The New York Central Railroad Company through its Assistant Signal Engineer H. D. Abernethy, for the approval of proposed changes, as more particularly here inafter set forth, to the interlocking plant at its crossing of the tracks of the Ann Arbor Railroad Company at Federman, Michigan, and as shown on New York Central Railroad Signal Department Plan No. S-C1453-I, dated February 6, 1909, Revision No. 6 of November 18, 1932, which plan has been approved by J. J. Corcoran, Signal Engineer for The New York Central Railroad Company, and by G. A. Rodger, Signal Engineer for the Ann Arbor Railroad Company, and filed with said application.

After due consideration of the matter as submitted the Commission HOLDS AND FINDS: that the proposed changes will not endanger the safety of the railroad employes and the traveling public, and said blue print plan should be approved;

THEREFORE. IT IS HEREBY ORDERED by the Michigan Public Service Com mission that permission shall be, and the same is hereby granted to The New York Central Railroad Company to make the following changes to the interlocking plant at its crossing of the tracks of the Ann Arbor Railroad Company at Federman, Michigan:

Replace mechanical detector bars with electric route locking;
Replace wire connections for home signals 4 and 11 with pipe connections;
Relocate inoperative approach signals,

all as shown on New York Central Railroad Signal Department Plan No. S-C1453-I, dated February 6, 1909, Revision No. 6 of November 18, 1932, which plan is hereby approved and made a part of this order by reference, and copy of same placed in File No. D-2739

This Commission reserves unto itself jurisdiction of this matter and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary.

MICHIGAN PUBLIC SERVICE COMMISSION.

In the matter of the joint application of The Ann Arbor Railroad Company and Pere Marquette Railway Company, requesting the cancellation of Commission order of April 18, 1913, in connection with the installation of an automatic alarm bell at the Center Street and Lincoln Street crossing of their tracks in the City of Alma, Michigan. File 7077-241. June 28, 1940.

A joint application was filed on February 7th, 1940 by the Ann Arbor Railroad Company through its General Superintendent V. Parvin and the Pere Marquette Railway Company through its Superintendent D. J. Swope in which the Commission is advised as follows:

“We find that on April 18, 1913 there was an order issued by the Michigan Railroad Commission which provided for an automatic alarm bell at Center Street and Lincoln Street crossing Alma, Mich igan. This installation was never made and we are at a loss to state why the installation was not made, neither can we find a subsequent order canceling the requirements of the order of April 18, 1913. During the time the order has been in effect there have been no further representations on the part of the city toward the fulfillment of the order, nor does there appear to be any reasonable necessity for such installation.

“If consistent we would be very glad if this order referred to can be officially canceled, unless your files show the order has already been canceled”.

Upon receipt of said application the matter was taken up by correspondence with L. I. Hammig, City Clerk of Alma, Michigan, requesting to be advised if there was any objection on the part of the City of Alma to having the order of April 18, 1913 canceled, and under date of March 8th, 1940 the Commission received a certified copy of resolution passed by the City Commission of Alma at a regular meeting held in the City Hall Tuesday evening, March 5th, 1940, reading as follows:

“Moved by Commissioner Gay, seconded by Commissioner Blesch, that the communication from the Michigan Public Service Commission, relative to installation of automatic alarm signal at Lincoln Ave. and West Center St. railroad crossing, be and the same is hereby declared to be a public necessity, on account of the recent paving of these two streets, and the increased traffic to be safe guarded at this intersection, and that the Michigan Public Service Commission, be requested to have the order of April 18, 1913 ful-filled, by the installation of the latest type of automatic signal and that the entire cost of installation and maintenance, be borne by the joint railroads causing the traffic hazard at this location. Yeas—Commissioners Gay, Blesch, Carney, Smedberg. Nays—None”.

The matter was further taken up by correspondence with the City Clerk, L. I. Hammig, and in a letter dated March 11th, 1940 the City Clerk was advised as follows:

“I am at a loss to understand the action of the City Commission in requesting that the order of April 18, 1913 be fulfilled by the installation of the latest type of automatic signal and that the entire cost of installation and maintenance be borne by the joint railroads causing the traffic hazard at this location.

“You will recall that the original order of April 18, 1913 provided that alarm bells be located at the Lincoln Avenue and West Center Street railroad crossings, and that for some reason apparently un known to either the railroads or the City of Alma, as well as to the undersigned, this order was never carried out, and has gone un challenged for approximately 27 years. However, it is still a matter of record with this Commission, and if it is not agreeable to the City of Alma to cancel the order the Railroad Companies, of course, have the right to ask this Commission for a hearing in the matter on the ground that the bells have never been installed and at the present date are not adequate protection, it being generally recog nized that they are useless for any traffic except pedestrian. Of course I presume you know that this Commission has no authority to order the installation of modern crossing protection except by agreement between the Railroad Company and the authorities hav ing jurisdiction over the highway in question, unless it is done in accordance with the provisions of Act 336, Public Acts of 1931, which provides that the authorities having control over the highway in question and the Railroad Company will install these signals at their joint expense, and thereafter they shall be maintained by the highway authorities. “You will recall that the original order of April 18, 1913 provided that alarm bells be located at the Lincoln Avenue and West Center Street railroad crossings, and that for some reason apparently un known to either the railroads or the City of Alma, as well as to the undersigned, this order was never carried out, and has gone un challenged for approximately 27 years. However, it is still a matter of record with this Commission, and if it is not agreeable to the City of Alma to cancel the order the Railroad Companies, of course, have the right to ask this Commission for a hearing in the matter on the ground that the bells have never been installed and at the present date are not adequate protection, it being generally recognized that they are useless for any traffic except pedestrian. Of course I presume you know that this Commission has no authority to order the installation of modern crossing protection except by agreement between the Railroad Company and the authorities hav ing jurisdiction over the highway in question, unless it is done in accordance with the provisions of Act 336, Public Acts of 1931, which provides that the authorities having control over the highway in question and the Railroad Company will install these signals at their joint expense, and thereafter they shall be maintained by the highway authorities. “You will recall that the original order of April 18, 1913 provided that alarm bells be located at the Lincoln Avenue and West Center Street railroad crossings, and that for some reason apparently un known to either the railroads or the City of Alma, as well as to the undersigned, this order was never carried out, and has gone un challenged for approximately 27 years. However, it is still a matter of record with this Commission, and if it is not agreeable to the City of Alma to cancel the order the Railroad Companies, of course, have the right to ask this Commission for a hearing in the matter on the ground that the bells have never been installed and at the present date are not adequate protection, it being generally recog nized that they are useless for any traffic except pedestrian. Of course I presume you know that this Commission has no authority to order the installation of modern crossing protection except by agreement between the Railroad Company and the authorities hav ing jurisdiction over the highway in question, unless it is done in accordance with the provisions of Act 336, Public Acts of 1931, which provides that the authorities having control over the highway in question and the Railroad Company will install these signals at their joint expense, and thereafter they shall be maintained by the highway authorities.

“If this is agreeable to you and you will notify me of the date of the next council meeting I will be glad to appear before this body and explain the entire situation”

No reply having been received to this communication, the Commission, through F. N. Pierce, Chief Inspecting Engineer, again addressed a letter to the City Clerk of Alma under date of May 27th, reading in part as follows:

“I have called on your City Manager on two occasions since these letters were written, and he stated each time that he would take the matter up with the City Commission and that it would be agree able to have the order in question canceled, as far as your City was concerned. However, up to the present time I have received no communication for my file, confirming his verbal statements to me.

“Please be advised that if I do not receive this confirmation from your City within twenty days from date of this letter this Commission will assume you are not further interested in the matter, and an order will be issued canceling the order of April 18, 1913, pro viding for automatic crossing alarm bell at the crossing of the Ann Arbor and Pere Marquette Railroads with Center and Lincoln Streets in the City of Alma”

After due consideration of the matter as submitted, and no reply having been received to the Commission's letter of May 27th, 1940, to the City Clerk of Alma, the Commission HOLDS AND FINDS: that public convenience and necessity does not require that the terms of the Order of the Michigan Railroad Commission of April 18, 1913, providing for an automatic alarm bell at Center Street and Lincoln Street crossing of the tracks of The Ann Arbor Railroad Company and the Pere Marquette Railway Company in the City of Alma, Michigan, be complied with, and that an order should be issued, canceling said order;

THEREFORE, IT IS HEREBY ordered by the Michigan Public Service Com mission that the order of the Michigan Railroad Commission, its predecessor, of April 18, 1913, providing for the installation of an automatic alarm bell at the Center Street and Lincoln Street crossing of the tracks of the Ann Arbor Railroad Company and the Pere Marquette Railway Company in the City of Alma, Michigan, shall be, and the same is here by canceled and made void.

This Commission reserves unto itself jurisdiction of this matter, and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary.

MICHIGAN PURLIC SERVICE COMMISSION.

In the matter of the application of the Wabash Railway Company for the approval of proposed changes of the interlocking plant at the cross ing of the Wabash Railway Company and the Ann Arbor Railroad Com pany in Milan, Michigan, as shown on Wabash Railway Company draw ing No. PI-99, dated June 16, 1930, which supersedes drawing No. 166 dated August 31, 1912. File No. R-X-2946. July 24, 1940

An application was filed on July 18th, 1940 by the Wabash Railway Company through G. A. Rodger, Signal Engineer, for the approval of proposed changes of the interlocking plant at the crossing of the Wabash Railway Company and the Ann Arbor Railroad Company in Milan, Michigan, and as shown on Wabash Railway Company Drawing No. PI-99, dated June 16, 1930, which supersedes Drawing No. 166 dated August 31, 1912, which blue print plan has been approved by G. A. Rodger, Signal Engineer for the Wabash Railway Company and the Ann Arbor Railroad Company, and filed with said application.

In said application and blue print plan the Commission is advised that the Wabash Railway Company proposes to move the eastbound approach signal a distance of approximately 3933.1 feet westerly from the present location of the eastbound approach signal.

After due consideration of the matter as submitted the Commission Holds AND FINDS: that the proposed changes will not endanger the safety of railroad employes and the traveling public, and said blue print plan should be approved;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Com mission that permission shall be, and the same is hereby granted to the Wabash Railway Company to move the eastbound approach signal a distance of approximately 3933.1 feet westerly from the present location of the eastbound approach signal at the interlocking plant at the crossing of the Wabash Railway Company and the Ann Arbor Railroad Company in Milan, Michigan, all as shown in red and yellow on Wabash Railway Company interlocking track plan, Drawing No. PI-99, dated June 16, 1930, which supersedes drawing No. 166 dated August 31, 1912, which plan is hereby approved and made a part of this order by reference, and copy of same placed in File No. R-X-2946.

This Commission reserves unto itself jurisdiction of this matter and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary.

MICHIGAN PUBLIC SERVICE COMMISSION.

In the matter of the application of the Michigan State Highway Department for the installation of side-of-the-street flashing light signals at the crossing of the tracks of the Ann Arbor Railroad Company and the Pere Marquette Railway Company and Highway US-10 in the City of Clare, Michigan, and for the approval of an agreement entered into between the parties in interest covering such installation. File No. R-579,40. August 12, 1940.

An application was filed on August 8th, 1940, by the Michigan State Highway Department through L. W. Millard, Bridge Engineer, for authority, in accordance with the provisions of Act 336, Public Acts of 1931, to install side-of-the-street track circuit flashing light signals at the crossing of the tracks of the Pere Marquette Railway Company and the Ann Arbor Railroad Company with Highway US-10 in the City of Clare, Clare County, Michigan, and for the approval of an agreement covering such installation, entered into under date of July 24th, A. D. 1940, by the Michigan State Highway Department, the Ann Arbor Railroad Company and the Pere Marquette Railway Company.

The Commission is advised in said agreement as follows:

“WHEREAs, of the funds allocated to it from the several recent Federal appropriations, the Highway Department is permitted to utilize a portion for the protection of railroad grade crossings, and

“WHEREAs, under existing State Law, mandatory crossing protection in the State of Michigan is limited to side-of-the-street flashing light signals, and definite specifications for such construction are included in Act No. 336 of the Public Acts of 1931 * * *

“WHEREAs, the parties hereto have reached an understanding with each other respecting the installation and maintenance and the division of cost thereof, and the preparation of plans, estimates, and specifications therefor, and desire to set forth their understanding in the form of a written agreement”.

Attached to said application and agreement are blue prints covering the type of installation of said flashing light signals.

After due consideration of said application, agreement and blue prints the Commission Holds AND FINDS: that the installation of track circuit side-of-the-street flashing light signals at the crossing of Highway US-10 over the tracks of the Ann Arbor Railroad Company and the Pere Marquette Railway Company in the City of Clare, Clare County, Michigan, will provide adequate protection and warning to highway traffic passing over said crossing of the approach of engines and trains, and that an order should be issued authorizing such installation, and ap proving said agreement and blue prints;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Com mission that authority shall be, and the same is hereby granted to the ANN ARBOR RAILROAD COMPANY AND THE PERE MARQUETTE RAILWAY COM PANY to install track circuit side-of-the-street flashing light signals at the crossing of its tracks and Highway US-10, more particularly described as being in Section 34, Town 17 North, Range 4 West, Clare County, in the City of Clare, Michigan, PROVIDED:

Said flashing light signals shall be installed in accordance with the blue prints hereinbefore referred to, which blue prints are hereby approved and made a part of the files and records of the Michigan Pub lic Service Commission in File No. R-579.40, and in accordance with the provisions of Act No. 336 of the Public Acts of 1931, and specifications of the Michigan Public Service Commission, a copy of which specifications is made a part of this order by reference;
That the cost and expense for the installation and maintenance of said flashing light signals shall be borne in accordance with the terms of the agreement entered into under date of July 24th, A. D. 1940, between the Michigan State Highway Department by Murray D. Van Wagoner, State Highway Commissioner of the State of Michigan, The Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, by Norman B. Pitcairn, one of the Receivers, and the Pere Marquette Railway Company by R. J. Bowman, Vice President, which agreement is hereby approved and copy of same made a part of this order by reference;
If, at any time, said flashing light signals shall become inoperative, the Ann Arbor Railroad Company and the Pere Marquette Rail way Company shall cause a watchman to be immediately stationed at said crossing, to warn highway traffic in advance of the approach of engines and trains, until such flashing light signals have been restored to working order;
That upon the completion of the installation of side-of-the-street track circuit flashing light signals at the location hereinbefore referred to, the Ann Arbor Railroad Company and the Pere Marquette Railway Company shall cause an affidavit to be filed with this Commission, showing that such installation has been completed and placed in service;
That any and all orders of this Commission or its predecessors which may have been made, relating to protection at said crossing shall be vacated, canceled and made void upon the filing of the affidavit heretofore mentioned, showing that the terms of this order have been complied with.

That any and all orders of this Commission or its predecessors which may have been made, relating to protection at said crossing shall be vacated, canceled and made void upon the filing of the affidavit heretofore mentioned, showing that the terms of this order have been complied with.

This Commission reserves unto itself jurisdiction of this matter, and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary in the interests of the traveling public.

MICHIGAN PUBLIC SERVICE COMMISSION.

In the matter of the application of the Michigan State Highway Department for authority to install an Auto-Stop barrier at the crossing of the tracks of the Ann Arbor Railroad Company and Michigan State Trunk Line Highway M-50 (Monroe Street) in the Village of Dundee, Monroe County, Michigan, and for the approval of an agreement entered into between the parties in interest covering such installation. File No. 7077-331. August 12, 1940.

An application was filed on August 6th, A. D. 1940, by the State Highway Department through L. W. Millard, Bridge Engineer, for the approval of an agreement entered into on the 22nd day of July, A. D. 1940, between the MICHIGAN STATE HIGHWAY DEPARTMENT by Murray D. Van Wagoner, State Highway Commissioner of the State of Michigan, and THE ANN ARBOR RAILROAD COMPANY and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, by Norman B. Pitcairn, one of the Receivers, covering the installation of an Auto-Stop barrier at the crossing of the tracks of the Ann Arbor Railroad Company and State Trunk Line Highway M-50 (Monroe Street) in the Village of Dundee, Monroe County, Michigan, to warn highway traffic over said crossing of the approach of engines and trains.

In said agreement the Commission is advised as follows:

“WHEREAs, the highway known as State Trunkline M-50 (Monroe Street) intersects at grade the right-of-way and tracks of the Rail road Company in the Village of Dundee, Monroe County, Michigan, and

“WHEREAs, the Highway Department, for the safety and convenience of persons traveling on said highway at said intersection, desires to install, and thereafter to operate and maintain, in said highway, near said intersection, but outside of the Railroad Com pany's right-of-way, a barricading device, hereinafter referred to as an “Auto-Stop', which will rise from beds in the highway and be come barriers therein, whenever locomotives, cars, trains or other railroad equipment approach said intersection on the railroad tracks, and desires permission from the Railroad Company to connect the same to electric track circuits in the Railroad Company's tracks, so that said Auto-Stop will automatically rise and give warning to persons approaching said intersection when locomotives, cars, trains or other railroad equipment approach said intersection, and,

“WHEREAs, the Railroad Company is willing to grant such per mission, upon the terms and conditions hereinafter stated, to which the Highway Department has agreed, and by these presents does hereby agree, and

“WHEREAs, the improvement of said railroad grade crossing, as a matter of public convenience and necessity, at the location above noted, has been approved by the United States Public Roads Administration as a project for construction through the use of funds provided by the United States Government for the elimination of hazards to life and property at railroad grade crossings, * * *”

The Commission, after due consideration of said agreement, together with the plans and specifications filed with said application, Holds AND FINDS: that the installation of an Auto-Stop barrier to give warning to highway traffic passing over said crossing of the approach of engines and trains will provide reasonable protection, and will be in the interest of public safety;

THEREFORE,IT IS HEREBY ORDERED by the Michigan Public Service Commission that the agreement entered into between the parties hereto, and hereinbefore referred to, covering the installation of an Auto-Stop barrier, pursuant to the provisions of Act 295, Public Acts of 1937, at the crossing of the tracks of the Ann Arbor Railroad Company and Michigan State Trunk Line Highway M-50 (Monroe Street) in the Village of Dundee, Monroe County, Michigan, shall be, and the same is hereby approved, PROVIDED :

That said Auto-Stop shall be installed in accordance with the agreement entered into between the parties in interest, which is made a part of this order by reference;
That the future maintenance of said Auto-Stop at said crossing shall be in accordance with the terms of said agreement;
That in case said Auto-Stop barrier shall, for any reason what soever, become inoperative, the Michigan State Highway Department shall cause a watchman to be immediately stationed at said crossing, to warn highway traffic in advance of the approach of engines and trains until said barrier has been restored to working order, as provided for in said agreement;
That upon the completion of said Auto-Stop barrier and the opening of said crossing to the public for travel, the Ann Arbor Railroad Company shall cause an affidavit to be filed with this Commission, showing that such installation has been completed and placed in service;
That any and all orders which may have been issued by this Commission or its predecessors relating to protection at said crossing shall be vacated, canceled and made void upon the filing of therefore. mentioned affidavit, showing that the terms of this order have been complied with.

This Commission reserves unto itself jurisdiction of this matter, and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary for the welfare and safety of all parties in interest.

MICHIGAN PUBLIC SERVICE COMMISSION.

In the matter of the application of the Pere Marquette Railway Company for the approval of proposed changes of the Ann Pere interlocking plant at the crossing of the Pere Marquette Railway Company and the Ann Arbor Railroad Company in Ann Pere, Michigan, as shown on Pere Marquette Railway, Detroit Division, Track and Signal Plan No. S.D. 965-1, Revision of January 19, 1918. File No. D-182 and 7077-26. October 9, 1940.

An application was filed on October 8th, 1940 by the Pere Marquette Railway Company through G. W. Trout, Signal Engineer and Superintendent Telegraph, for the approval of proposed changes of the Ann Pere interlocking plant at the crossing of the Ann Arbor Railroad Company and the Pere Marquette Railway Company in Ann Pere, Michigan, as shown on Pere Marquette Railway Company, Detroit Division, Track and Signal Plan No. S.D.-965-1, Revision of January 19, 1918, which plan has been approved by G. W. Trout, Signal Engineer and Superintendent Telegraph for the Pere Marquette Railway Company, and by G. A. Rodger, Signal Engineer for the Ann Arbor Railroad Company, and is filed with said application.

In said application and blue print plan the applicant seeks authority from the Commission to make the following changes:

Discontinue and remove the derails from the tracks of the Pere Marquette Railway Company and the Ann Arbor Railroad Com pany at their crossing in Ann Pere, Michigan;

Relocate approach or distant signal on the Pere Marquette Rail. way Company for westbound train movements from a point 3735' 2" east of the westbound home signal to a point 5545' east thereof;

Relocate the approach or distant signal on the Pere Marquette Railway Company for eastbound train movements from a point 3326’ 10” west of the east bound home signal to a point 7320' west thereof;

Relocate the approach or distant signal on the Ann Arbor Rail road for northbound train movements from a point 2969' south of the northbound home signal to a point 5000' south thereof;

Relocate the approach or distant signal on the Ann Arbor Rail road for southbound train movements from a point 4068' 5" north of the southbound home signal to a point 6319' north thereof

After due consideration of the matter as submitted the Commission Holds AND FINDS: that the proposed changes will not endanger the safety of the traveling public and railroad employees, and said blue print plan should be approved;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Service Com mission that permission shall be, and the same is hereby granted to the Pere Marquette Railway Company to make the changes as outlined in detail hereinbefore at the Ann Pere interlocking plant at the crossing of the tracks of the Ann Arbor Railroad Company and the Pere Marquette Railway Company in Ann Pere, Michigan, all as shown in red and yellow on Pere Marquette Railway Company, Detroit Division, Track and Signal Plan No. S.D.-965-1, Revision of January 19, 1918, which is hereby approved and made a part of this order by reference, and copy of same placed in File No. D-182

This Commission reserves unto itself jurisdiction of this matter and the right to issue such further order or orders herein which, in its judgment, may be deemed necessary.

MICH IGAN PUBLIC SERVICE COMMISSION.