where a speed of 79 miles per hour or more is attained. While petitioners estimate that about 10 minutes would have to be added to the schedule of each passenger train if the maximum authorized speed was reduced to 75 miles per hour, the difference in running time for 53 miles is only about 3 minutes between speeds of 79 and 85 miles per hour and about 5 minutes between speeds of 75 and 85 miles per hour. Petitioners estimate that it will cost $102,843 to install an automatic train-stop system on this line and equip 10 steam passenger locomotives.

The line between Bakersfield and Stockton, 233.7 miles, is single track except for 3.8 miles of double track at terminals. This line lies in the San Joaquin Valley which is classified as flat country. The ruling grade is 0.11 percent east-bound, and 0.06 percent west-bound. There are 51 curves, aggregating 12.36 miles, or 5.3 percent of the total mileage. The maximum curvature is 3° except at the entrance to the Bakersfield, Calwa, and Fresno yards where the speed is restricted. Approximately 28 percent of the line is laid with 90-pound rail 20 years old and the remainder with 112-pound rail 2 years old.

Trains are operated over this line by automatic block signals supplemented by timetable and train orders. The block signals are the three-position semaphore type and are arranged for protection of both following and opposing movements. The average daily train density for the month of May 1947, an average month, was 28 between Bakersfield and Calwa, 107.5 miles, 22 between Calwa and Riverbank, 100.4 miles, and 23 between Riverbank and Stockton, 25.8 miles. Of these trains, four were streamliners and four other passenger trains with conventional heavy-weight equipment and steam locomotives.

The present maximum authorized speeds are 95 miles per hour for streamliners and 90 miles per hour for the other passenger trains. There are nine sections of this line totaling 210.8 miles, where a speed of 79 miles per hour or more is attained. While petitioners estimate that if the maximum authorized speeds were reduced to 75 miles per hour between Bakersfield and Stockton at least 30 minutes would have to be added to its present schedules of the streamliners and probably some time added to the present schedules of the other passenger trains, the difference in running time for 211 miles is only 15 minutes between speeds of 79 and 85 miles per hour and 20 minutes and 22 seconds bebetween speeds of 75 and 85 miles per hour.

Petitioners estimate that it will cost $285,163 to install an automatic train-stop system on this line and equip 2 Diesel and 10 steam passenger locomotives.

The line between Santa Ana and Sorrento, 73.3 miles, is single track except that there is an auxiliary main track about 2.4 miles long at

Santa Ana. It extends through rolling country. The ruling grade is 1.2 percent both east-bound and west-bound. There are 70 curves, aggregating 13.8 miles, or 18.8 percent of the total mileage. The maximum curvature is 7° and the average curvature is 1° 24'. It was laid with 112-pound rail in 1940, 1941, and 1942.

Trains are operated over this line by a train-control system, sometimes referred to as centralized traffic control, under which the movement of trains is directed by signals controlled from a control station, without the use of train orders and without superiority of trains. The average daily train density for the month of May 1947, an average month, was 19, of which 13 were passenger and 6 were freight trains. Eight of the passenger trains were streamliners and the others consisted of conventional heavy-weight cars hauled by steam locomotives. The present maximum authorized speed for all of the passenger trains is 90 miles per hour. However, as a conventional passenger train seldom attains a speed of 80 miles per hour, relief is sought with respect to the streamline trains only.

There are six sections of line totaling 56.7 miles, where a speed of 79 or more miles per hour is attained. While petitioners estimate that if the maximum authorized speed was reduced to 75 miles per hour between Santa Ana and Sorrento, approximately 10 and perhaps 15 minutes would have to be added to the schedules of the streamliners between Los Angeles and Santa Ana; the difference in running time for 57 miles is only 3 minutes and 21 seconds between speeds of 79 and 85 miles per hour and 5 minutes and 25 seconds between speeds of 75 and 85 miles per hour.

Petitioners estimate that it will cost $123,130 to install an automatic train-stop system on this line and equip 2 Diesel and 13 steam passenger locomotives.

Witnesses for petitioners testify that the topography, grades, curvature, and general atmospheric conditions of each of these three segments of line are adapted to high-speed operation; that the lines are well ballasted with a 10-inch section of gravel or crushed rock and that the entire track structure is inspected each weekday by a track inspector and twice yearly by a rail-detector car.

Locomotive engineers employed by petitioners, called by the Railway Labor Executives Association, testified generally to the effect that from late fall to early spring dense fogs are frequently encountered on these lines, particularly at night, greatly decreasing visibility of the wayside signals; and that during the winter months when the temperature falls below freezing, smudge pots in the orange groves are lighted and the smoke therefrom has the same effect as fog with respect to the visibility of the signals and, in addition, makes it difficult

to distinguish between the red and yellow aspects of the signals. It is their opinion that the installation of automatic cab signals would not only increase safety but is essential for safe operation on the lines between Stockton and Bakersfield and between Santa Ana and Sorrento.

There is no sound reason shown for modifying the order of June 17, 1947, so as to permit the operation of passenger trains at a maximum speed of 85 miles per hour between Barstow and Mojave, Bakersfield and Stockton, and Santa Ana and Sorrento without automatic trainstop, train-control, or continuously controlled cab-signal systems. An appropriate order will be entered.

MILLER, Commissioner, concurring in part:

I concur in this report except that I would grant the modification sought by the petitioners as to the operation of passenger trains between Barstow and Mojave, Bakersfield and Stockton, and Santa Ans and Sorrento.

274 I. C. C.

INVESTIGATION AND SUSPENSION DOCKET No. 54691 COAL FROM ILLINOIS TO ALTON AND EAST ST. LOUIS

Submitted November 10, 1948. Decided July 25, 1949

1. Rates on bituminous coal from mines in Illinois to the East St. Louis-Wood River-Alton, Ill., district, imposed by authority of the State of Illinois, found not shown to be unreasonably low or to create any undue or unreasonable advantage, preference, or prejudice as between persons or localities in intrastate commerce, on the one hand, and interstate or foreign commerce on the other hand, or to create any undue, unreasonable, or unjust discrimination against interstate or foreign commerce. Such undue preference, prejudice, and unreasonableness as exists found to inhere in interstate rates which cannot be dealt with in this proceeding. Order entered discontinuing the proceeding.

2. Schedules proposing increased interstate rates on bituminous coal from certain Illinois rate groups to East St. Louis and Alton, Ill., found not shown to be just and reasonable. Proposed schedules ordered canceled and proceeding discontinued.

Erle J. Zoll, Jr., James B. Gray, Russell B. James, H. M. Tocco, Jr., Edward R. Gustafson, Albert E. Schoenbeck, Gilbert A. Schuessler, Thomas N. Cook, and Armet L. Sheppard for respondents.

J. E. Marks and L. E. Walter for intervener on behalf of respondents.

Charles W. Stadell, Edgar O. Anderson, H. F. Cholet, R. F. Wood, A. J. Christiansen, Irby L. O'Brien, Harold V. Scott, W. Y. Wildman, and Stuart B. Bradley for protestants in I. and S. No. 5469 and interveners in No. 29791; Robert N. Burchmore, and Akeley L. Stevens for protestants in I. and S. No. 5469; and R. K. Keas, Harry E. Seel, and T.M. Bierdeman for interveners in No. 29791.

REPORT OF THE COMMISSION

SPLAWN, Commissioner:

Respondents and certain interveners filed exceptions to the proposed report of the examiner, protestants replied thereto, and we have had the benefit of oral argument. Exceptions and requested findings not granted in this report have been given consideration and found not justified.

This report also embraces No. 29791, Intrastate Coal Rates to Alton and East St. Louis.

By schedules filed to become effective March 15, 1947, respondents seek to increase the rates for interstate application on bituminous coal, in carloads, from the Belleville and DuQuoin groups of southern Illinois and from certain other Illinois mines to East St. Louis, Alton, and other nearby points in Illinois. Upon protest of shippers and receivers of coal the schedules were suspended by order in Investigation and Suspension No. 5469 until October 14, 1947, and their effective date has since been further voluntarily postponed by respondents pending the disposition of this proceeding.

Upon petition of the railroads operating in southern Illinois alleging a violation of section 13 of the Interstate Commerce Act, we entered upon an investigation, by order of July 9, 1947, in No. 29791, to determine whether the rates and charges of common carriers by railroad operating in Illinois, required by authority of the State of Illinois to be maintained for the transportation of bituminous coal, in carloads, moving in intrastate commerce, from mines in Illinois to Illinois stations in the East St. Louis-Wood River-Alton area, cause or will cause any undue or unreasonable advantage, preference, or prejudice as between persons or localities in intrastate commerce, on the one hand, and interstate or foreign commerce, on the other hand, or any undue, unreasonable, or unjust discrimination against interstate or foreign commerce; and to determine what rates and charges shall be prescribed to remove any unlawful advantage, preference, prejudice, or discrimination found to exist.

Proposed increased intrastate rates on coal from Illinois groups to the East St. Louis-Wood River-Alton area were suspended by the Illinois Commerce Commission in its docket No. 34903. All of these proceedings were heard upon a joint record, and representatives of the Illinois Commerce Commission sat with our examiner at the hearing.

Following is described the approximate extent of the origin groups principally dealt with herein, as disclosed by a map exhibit of record. All places named in this paragraph are in Illinois. Distances stated are only approximate. The western boundary of the Belleville group is from 10 to 17 miles east of the Mississippi River at East St. Louis. The group extends on the line of The Pennsylvania Railroad Company northeastward about 10 miles through Collinsville; on the line of The Baltimore and Ohio Railroad Company eastward about 30 miles from Furman to Beckemeyer; on the line of the Southern Railway Company eastward about 8 miles through Belleville; on the line of the

* Rates and differences in rates are stated herein in amounts per ton of 2,000 pounds. By "present rates" are meant those in effect on December 31, 1947, unless otherwise stated.