OPINIONS AND DECISIONS

OF THE

Railroad Commission of Wisconsin

Sept. 14, 1907, to Oct. 12, 1908.

M. D. LEONARD ET AL.

VS.

WISCONSIN CENTRAL RAILWAY COMPANY.

J. H. COON ET AL.

VS.

WISCONSIN CENTRAL RAILWAY COMPANY.

Submitted Sept. 13, 1907. Decided Sept. 14, 1907.

Supplementary proceedings relating to the passenger train schedule on the Stevens Point-Portage branch of the respondent's railway. The parties having failed to agree on a schedule, the schedule named herein is ordered.

An opinion in this case was filed by the Commission on July 29, 1907. A recommendation therein to the effect that the petitioners and the respondent confer with one another with a view of agreeing upon a train schedule did not result in a solution of the difficulty. After due notice a conference was held in the office of the Railroad Commission between the parties interested, at which the following tentative arrangement was adopted:

"Wisconsin Central passenger train No. 502, at present leaving Stevens Point at 8:00 a. m. and arriving in Portage at 11:40 a. m., is to leave Stevens Point at 6:30 a. m., arriving at Portage at about 10:10 a. m. Wisconsin Central Passenger train No. 501, at present leaving Portage at 1:10 p. m. and arriving at Stevens Point at 5:05 p. m., is to leave Portage at

1:25 p. m., arriving at Stevens Point at 5:20 p. m. The change in the time of this train is, in part at least, contingent upon a slight change in the time of the C. M. & St. P. train No. 505, which at present leaves Madison at 12:35 p. m. and arrives in Portage at 1:50 p. m. The Commission is to correspond with the C. M. & St. P. Ry. Co. with a view of setting back this train a sufficient length of time to enable it to reach Portage Jct. by 1:20 p. m. to connect with the Wisconsin Central train leaving there five minutes later, thus making close connections between Madison and Stevens Point.

"Wisconsin Central freight train No. 503, which leaves. Portage at 4:00 a. m. and arrives at Stevens Point at 9:30 a. m., is to operate a locomotive and caboose, or passenger car, into Montello experimentally for a month or two. The results of the experiment are to be reported to the Commission, and if the traffic warrants it Montello is to have the service of this north bound train permanently. Should the traffic not warrant this service, the Wisconsin Central Railway Company is to be permitted to discontinue the same."

This proposed schedule met the views of neither the petitioners nor the Chicago, Milwaukee & St. Paul Ry. Co. Thereupon another hearing was held September 13, 1907, at which additional testimony was submitted.

After carefully considering all the testimony and arguments we have decided that the following train schedule will best meet the needs and interests of all concerned, under present conditions. (1) South bound passenger train No. 502 is to leave Stevens Point at 6:30 a. m., arriving at Portage at 10:10 a. m. (2) South bound freight train is to be operated according to the schedule now in force.

(3) North bound freight train No. 505 is to operate as at present, leaving Portage at 4:00 a. m. and arriving at Stevens Point at 9:30 a. m., with the exception that a locomotive and caboose, or passenger car, is to be operated experimentally through Montello for a period of two months. It is understood that the company will continue to operate through Montello unless, after the expiration of this time, facts giving the results of this operation are of such a nature that in the judgment of the Commission the continuation of such operation would not be just and reasonable.

(4) North bound passenger train No. 501, which at present leaves Portage at 1:10 p. m., is to leave Portage at 4:30 p. m. and arrive at Stevens Point at 8:30 p. m.