The people's voice. [volume] (Helena, Mont.) 1939-1969, 1955-08-12

Montana have accepted the authorit,
of the Railroad and Public Servic,
Commission, but in the past yea
the railroads in Montana have beer
chopping off their passenger service
fright and left, either without asking
permission of the Railroad and Public
| Service Commission or in spite OF
orders to continue service.
This has not made for chummy re.
lations between the RP&PSC and the
railroads involved so the courts are
being asked to decide if the Commits
sion has the authority to force public
carriers to operate a train.
In July, 1854, the Great Northern
pulled off its Havre to Williston
"Skidoo." In June 1866 the Milwau-
kee took off one of it's cross country
passenger trains routed through Mon
tana. In July 1866 the Great North
ern took off passenger and freight
train branches from Pendroy and
Augusta, and August /, 1855 the
Milwaukee pulled the passenger train
from Harlowton to Great Falls.
The Great Northern notified the
RR&PSC of their action, the Milwau-
kee didn't even extend the courtesy
Restraining orders, orders to show
cause, enjoiners and appeals have
resulted, until at the present time a
case that will test the constitutional
powers of the RR&PSC to direct the
railroads to provide service has
reached the State Supreme Court.
The case that will determine the
power of the RR&PSC involves the
Great Northern "Skidoo" from Havre
to Williston.
This is how it went:
1. The GIN asked permission to
take the train Off
2. A hearing was held and at the
hearing Attorneys John w. Bonner
and Lester Lobe moved the case be
dismissed on the grounds the Commits
sion had no authority. The rails attor-
ney, Newell Cough, happily agreed, so
the board dismissed the case assum-
ng, it seems that the train would
continue running.
g. The GIN pulled the train, dis
service.
a. Immediately the RR&PSC is
sued an order for the GIN to continue |
ervice. |
5. The Commission order was en-
oined by the District Court at Havre
md the GIN did not put the train
Jack on.
6. The Commission appealed from
he injunction of the District Court
o the Supreme Court where the case
ests and will probably not be heard
ntil sometime n October. Commits
ion briefs are due the 9th of Au-
ust and the rails have until Septem-
er 26 to answer before the high
curt can consider the case.
The high court will have to answer ]
he question, Does the Railroad and ,
ublic Service Commission have the /,
to tell the railroads to OPP :
rate a passenger train?
If the RR&PSC has no authority, '
) the rails maintain, who then has I
lie power to see that the railroads
llfill the responsibility of public i
rvice they assumed when they built V
eir roads? O
The rails will prove to the Supreme v
ourt that they lost money on the f
skidoo." The Railroad and Public t.
,rvice Commission will remind the p
lpreme Court that passenger serv- N
2 never was profit venture for e
e railroads and has always been
+ public necessity and convenience, a
e revenue from freight overcoming W
her losses, and that it is not right y.
separate one branch from the whole if
mpany operation to determine loss OF
gain. m
Recently the Commission granted CT
e rails a 15% increase in interstate he