134 P.2d 599 | Idaho | 1943
The company operates and controls what is commonly known as the Idaho Northern Branch, extending from the company's main line at Nampa to McCall. This branch line runs through the intermediate points of Emmett, Montour, Horseshoe Bend, Banks, and other points. The company has heretofore continuously maintained a regular agency at Montour with a resident agent who was a telegraph operator and who discharged all the regular and usual duties of a station agent.
It is contended by the company, that its business at Montour has declined and that the community of Montour can be adequately, efficiently, and reasonably served by acaretaker, whom the company proposes to substitute for an agent and furnish all the substantial service that is given by a regular agency. The company says that
"a caretaker would be employed to look after and take care of the freight, keep the waiting room warm, care for the cream and express, or any other shipments received at the station for shipment or delivery, and would perform the same service as that performed by the agent except that he would not be required to keep accounts or perform telegraph duties."
It further proposes:
"As to carload shipments, (and for use in transacting *532 any other business or obtaining information) appellant agreed to maintain a telephone at Montour so that cars can be ordered through appellant's agent at Emmett or Horseshoe Bend and to notify the agent when the cars are ready to move. The shipper would make out the bill of lading for the car (which is the shipper's duty) and leave it with the caretaker or place it in a box provided for that purpose from which it will be picked up by the train conductor and the car moved."
Substitution of similar nonagency service is proposed here for Montour station that was offered by the company in O. S. L. R.Co. v. Public Utilities Comm.,
It appears that Montour and the immediate surrounding community, has about 800 voters; the village has one general store, one garage, a telephone office, one service station, a blacksmith shop, and a school. The adjacent communities of Sweet and Ola have generally been served from Montour and are included within the estimated voting population of the Montour section. The industry of the surrounding country is farming and grazing. The L. C. L. business done at this station, for the first eleven months of the year (1940) in which this application was made, and for the corresponding period in the preceding year (1939), was as follows:
"LCL received 1939 1940
January 20.16 16.45 -- 10 Shipments February 21.85 160.68 -- 18 " March 20.16 50.69 -- 18 " April 58.92 59.71 -- 11 " May 207.38 17.97 -- 10 " June 46.01 20.71 -- 8 "
July 42.26 8.87 -- 8 " August 269.58 48.70 -- 13 " September 89.11 42.37 -- 15 " October 97.56 37.10 -- 17 " November 26.14 40.04 -- 19 " -------- ------ -- Totals $899.13 $503.29 147 " *533
LCL forwarded 1939 1940
January 3.81 1.10 -- 2 Shipments February 8.43 43.31 -- 2 " March 3.81 none April .50 none May 2.20 none June .90 5.66 -- 2 "
July 1.00 none August none 2.88 -- 2 " September 3.70 1.49 -- 1 " October 3.10 none November .55 5.89 -- 1 " ------- ------ -- Totals $28.00 $60.33 10 " " The C.L. business forwarded and received for the same period was:
"C.L. Received 1939 1940
January none none February $194.97 $159.60 March none none April 650.58 920.95 May 788.55 540.77 June 188.65 232.66
July 64.13 536.27 August none none September none 191.29 October 63.75 1234.91 November 347.61 none -------- --------- Totals $2298.24 $3816.45
C.L. Forwarded 1939 1940
January $3571.63 $ 61.06 February none 126.12 March 113.90 227.80 April 834.39 114.40 May 478.53 988.53 June 621.96 405.45
July 427.95 777.65 August 378.36 764.03 September 1651.96 845.92 *534 October 1160.00 112.80 November none 147.70 --------- --------- Totals $9238.68 $4571.46" A summary of the business and expense for the first eleven months of 1939 and the like period in 1940 shows the following:
"1939 1940
L.C.L. Received 899.13 503.29
L.C.L. Forwarded 28.00 60.33
-------- --------
Total 927.13 563.62
Carloads
received 2,298.24 3,816.45
Carloads
forwarded 9,238.68 4,571.46
---------- ----------
Total 11,536.92 8,387.91
Ticket sales 70.33 Western Union 12.36 Cream shipments 119.84 Express shipments 134.46 ---------- Total business 1940 9,288.52 Station expense 1940 1,778.16" The carloads received and forwarded during the first eleven months of 1940, character of commodity, origin and destination of shipments, are as follows:
"CL Received: January -- None February -- 1 Dragline from Boise March -- None April -- 16 Feeder Cattle (13 from Burns, Ore., 1 from Payette, 2 from Parma) May -- 1 Wheat from Harrington, Wash. 5 Sheep from Irrigon, Wash. June -- 1 Poles from Priest River, Ida. July -- 2 Poles (1 from Priest River, Ida., 1 from Sand Point, Ida.) August -- None September -- 1 Coal from Kenilworth, Utah October -- 2 Feeder Cattle (1 from Cascade, 1 from Arling) *535 1 Coal from Kenilworth, Utah 1 Power Shovel from Chicago November -- None Total -- 31 Cars CL Forwarded: January -- 2 Sheep to Parma February -- 1 Cattle to Portland March -- 2 do. April -- 2 Cattle to Burns May -- 7 Cattle to Cascade 2 Cattle to Portland 9 Sheep to Belvidere 2 Sheep to Omaha June -- 2 Cattle to Portland 1 Sheep to Omaha July -- 5 Cattle to Portland 1 Sheep to Omaha August -- 2 Cattle to Portland 1 Steers to Caldwell 2 Sheep to Omaha 1 Wheat to Ogden September -- 2 Wheat to Ogden 3 Cattle to Portland October -- 1 Cattle to Portland November -- 1 Cattle to Caldwell 1 Cattle to Portland Total -- 50 Cars"
The supplemental report made for the corresponding months of 1941 shows a total business for the first eleven months of the year as follows:
"LCL Rcd............................... $ 510.87 " Fwd................................... 72.13 CL Rcd................................ 3,843.03 " Fwd................................. 5,474.68 Tickets ............................... 45.21 Western Union ......................... 26.32 Cream ................................. 70.12 Express ............................... 178.59 --------- Total .............................$10,220.95"
It thus appears that the receipts from CL lot shipmentsreceived for 1940 were $3816.45 and for 1941, $3843.03; and for CL lot shipments forwarded in 1940, $4571.46 and for 1941, $5474.68. *536
Eliminating from consideration CL lot shipments, leaves only $563.62 received for 1940 for LCL shipments and $583.00 for 1941 for LCL shipments, as against $1778.16, expense of maintaining agency in excess of expense of a caretaker.
The evidence shows that on shipments moving into Montour, the shipping station should have "at least 50%" of the tolls collected; and the same is true with reference to division of receipts for tolls received on shipments out of Montour. In other words, the station charges at forwarding stations are equaled by the station expense at the receiving station; so that approximately only 50% of the freight charge for these shipments, whether CL or LCL, may be properly credited to Montour.
It is plain, from the table of receipts herein set out, that the income from passenger fares, telegraph and express service, all together, is inconsequential, ($336.99 for 1940 and $320.24 for 1941); and of this, only the telegraph tolls would be affected by the proposed change of service. Messages can readily be phoned to Emmett (18 miles south) or Horseshoe Bend (8 1/2 miles north) where agencies will still be maintained.
It seems to be generally admitted that "The principal need of an agent is occasioned by less than carload business." (Denton Bros. v. Atchison, T. S. F. Ry. Co.,
It appears that a caretaker can furnish all the service reasonably necessary for CL lots at such stations as Montour.
We doubt, however, whether the items of income from business done at a single country station, on a great transportation system like the Union Pacific Railroad Company, is entitled to a major consideration, for the reason *537
that the system is constructed and the franchises are granted and acquired for service to the whole public; and the more prosperous and remunerative communities are bound to pay some revenue to equalize the burdens of service to the more remote and less prosperous communities through which the system operates. (Application of Thomson (Neb.)
The statute (Sec.
"Every public utility shall furnish, provide and maintain such service, instrumentalities, equipment and facilities as shall promote the safety, health, comfort and convenience of its patrons, employees and the public, and as shall be in all respects adequate, efficient, just and reasonable." (Italics supplied.)
In arriving at a conclusion as to what constitutes "adequate, efficient, just and reasonable" service in any particular case, the relative rights of the utility and the public must be taken into consideration, for, under some circumstances, each may have to suffer some inconvenience or loss. A particular service by a public utility may be reasonable in a small, non-commercial community which would be wholly inadequate and inefficient in a commercial or manufacturing community. (Murrayv. P. U. C.,
We feel satisfied by the record before us, that the substitution of a caretaker, or nonagency, for the agency service, which has heretofore been maintained by the company at Montour, will be no material or substantial detriment or loss to the people of the community served and, at the same time, will slightly lessen the expense of maintaining that station and will release a telegraph operator for a more urgent and necessary service at this time of public emergency, when experienced operators are much needed. Under the statute, the agency service may be restored whenever changed conditions and circumstances will justify the requirement. (Sec. 59-629, I. C. A.)
The order is vacated and the cause is remanded to the commission for further proceedings in accordance with the views herein expressed. No costs awarded.
Holden, C.J., Budge, Givens, and Dunlap, JJ., concur. *538