Pipestone, with a population of 3,550, is in southwestern Minnesota. It is served by the Milwaukee, Great Northern, Omaha, and Rock Island. While there is no direct connection between the lines of the Great Northern and the Milwaukee at that point, traffic is switched from one line to the other over the rails of the Rock Island. Complainant's warehouse and the principal industries at Pipestone are on the Milwaukee.

The estimated cost of construction is from $3,385 to $4,535, which includes amounts sufficient to purchase necessary right of way. The track would be 707 feet in length. The Great Northern admits that the proposed connection is practicable, could be operated with a reasonable degree of safety, and would be in the public interest. It is willing to bear one-half of the cost of construction and maintenance. The Milwaukee, however, asks that the complaint be dismissed, alleging that there is no public demand or necessity for the construction; that it would not be aided thereby in serving the industries on its rails; and that it would not be benefited by the elimination of the charges of the Rock Island for the interchange switching.

Complainant estimates that the establishment of the connection would expedite delivery by at least from 18 to 24 hours. Several shippers at Pipestone testified that the connection would be a convenience and in certain instances would expedite delivery. They admitted, however, that the present service is not unsatisfactory. Service now afforded shippers on the tracks of the Milwaukee is as follows: On traffic from Sioux City, Iowa, the Great Northern operates a freight train which arrives at Pipestone about 6 or 7 a. m. A car for Milwaukee delivery arriving on that train is placed by the train crew on the Rock Island transfer, from where it is moved by the Rock Island to the Milwaukee transfer either that morning or in the afternoon, generally the latter. The car is then spotted by the Milwaukee at the industry. The Great Northern also operates a freight train from Willmar, Minn., which arrives at Pipestone between 4.30 and 7 p. m. Cars destined to industries on the Milwaukee are taken from that train and placed on the Rock Island transfer, from where they are moved to the Milwaukee transfer by the Rock Island. The Milwaukee operates a train from Sioux City which arrives at Pipestone about 10.30 a. m. Cars on this train are switched to the industries within 30 minutes after arrival. The Milwaukee also operates a freight train which arrives at Pipestone from the West about 9 a. m., the crew of which performs switching service until 11 a. m. Another regular freight train arrives at Pipestone about 2.10 p. m., and its crew also performs a switching service. Cars which reach the Milwaukee transfer from

the Great Northern after 11 a. m. are switched by the crew of this afternoon train. The switching services of the Rock Island are performed by the crews of two freight trains operated by that carrier, one arriving at Pipestone in the morning and the other in the afternoon. Switching, however, is not usually performed by the crew of the morning train.

The complaint is directed primarily to the service afforded inbound perishable traffic. During the period July 11, 1929, to June 23, 1931, complainant received 78 carloads of bananas, 2 carloads of peaches, 1 carload of grapes, 1 carload of berries, 1 carload of pears, and 1 carload of cabbage which it trucked from the yards of the Great Northern to its warehouse, approximately one-half mile, at a cost of about $15 per car. This trucking, it is claimed, was performed to expedite delivery and protect the physical condition of the commodities. However, from July 1, 1929, to October 1, 1930, 116 cars were switched from the Great Northern to the Milwaukee for complainant and other shippers at Pipestone for which the time required ranged from 3 to 63 hours. Complainant availed itself of this switching service on 36 carloads, 17 of which consisted of such perishable traffic as melons, pears, grapes, and apples. The time required for delivery of these 17 cars ranged from 4 to 62 hours. These hours, in a number of instances, include Sundays, on which day no switching service is performed. Between June 1 and September 1, 1931, selected as a typical period by the Milwaukee, 39 carloads were transferred from the Great Northern to the Milwaukee, 21 of which were consigned to complainant. Omitting Sundays, the average time which elapsed from the placement of the cars on the Rock Island transfer by the Great Northern to their delivery at complainant's warehouse averaged a fraction over 18 hours. The Milwaukee asserts that 17 of these cars were moved as promptly as they could have been moved had there been a direct connection.

While the establishment of this connection would probably benefit complainant, the record does not demonstrate that the service rendered by defendants is inadequate or that the volume of traffic is sufficient at this time to justify necessary costs of construction. The financial condition of the carriers is such that they should not now be required to undertake new contruction except where it is absolutely necessary. In the circumstances we are not convinced that the proposed construction is reasonably required in the interest of public convenience and necessity.

We find that the present and future public convenience and necessity do not require the construction and operation of a track connection for the interchange of freight traffic between defendants' lines at Pipestone. The complaint will be dismissed.

Pipestone, with a population of 3,550, is in southwestern Minnesota. It is served by the Milwaukee, Great Northern, Omaha, and Rock Island. While there is no direct connection between the lines of the Great Northern and the Milwaukee at that point, traffic is switched from one line to the other over the rails of the Rock Island. Complainant's warehouse and the principal industries at Pipestone are on the Milwaukee.

The estimated cost of construction is from $3,385 to $4,535, which includes amounts sufficient to purchase necessary right of way. The track would be 707 feet in length. The Great Northern admits that the proposed connection is practicable, could be operated with a reasonable degree of safety, and would be in the public interest. It is willing to bear one-half of the cost of construction and maintenance. The Milwaukee, however, asks that the complaint be dismissed, alleging that there is no public demand or necessity for the construction; that it would not be aided thereby in serving the industries on its rails; and that it would not be benefited by the elimination of the charges of the Rock Island for the interchange switching.

Complainant estimates that the establishment of the connection would expedite delivery by at least from 18 to 24 hours. Several shippers at Pipestone testified that the connection would be a convenience and in certain instances would expedite delivery. They admitted, however, that the present service is not unsatisfactory. Service now afforded shippers on the tracks of the Milwaukee is as follows: On traffic from Sioux City, Iowa, the Great Northern operates a freight train which arrives at Pipestone about 6 or 7 a. m. A car for Milwaukee delivery arriving on that train is placed by the train crew on the Rock Island transfer, from where it is moved by the Rock Island to the Milwaukee transfer either that morning or in the afternoon, generally the latter. The car is then spotted by the Milwaukee at the industry. The Great Northern also operates a freight train from Willmar, Minn., which arrives at Pipestone between 4.30 and 7 p. m. Cars destined to industries on the Milwaukee are taken from that train and placed on the Rock Island transfer, from where they are moved to the Milwaukee transfer by the Rock Island. The Milwaukee operates a train from Sioux City which arrives at Pipestone about 10.30 a. m. Cars on this train are switched to the industries within 30 minutes after arrival. The Milwaukee also operates a freight train which arrives at Pipestone from the West about 9 a. m., the crew of which performs switching service until 11 a. m. Another regular freight train arrives at Pipestone about 2.10 p. m., and its crew also performs a switching service. Cars which reach the Milwaukee transfer from

the Great Northern after 11 a. m. are switched by the crew of this afternoon train. The switching services of the Rock Island are performed by the crews of two freight trains operated by that carrier, one arriving at Pipestone in the morning and the other in the afternoon. Switching, however, is not usually performed by the crew of the morning train.

The complaint is directed primarily to the service afforded inbound perishable traffic. During the period July 11, 1929, to June 23, 1931, complainant received 78 carloads of bananas, 2 carloads of peaches, 1 carload of grapes, 1 carload of berries, 1 carload of pears, and 1 carload of cabbage which it trucked from the yards of the Great Northern to its warehouse, approximately one-half mile, at a cost of about $15 per car. This trucking, it is claimed, was performed to expedite delivery and protect the physical condition of the commodities. However, from July 1, 1929, to October 1, 1930, 116 cars were switched from the Great Northern to the Milwaukee for complainant and other shippers at Pipestone for which the time required ranged from 3 to 63 hours. Complainant availed itself of this switching service on 36 carloads, 17 of which consisted of such perishable traffic as melons, pears, grapes, and apples. The time required for delivery of these 17 cars ranged from 4 to 62 hours. These hours, in a number of instances, include Sundays, on which day no switching service is performed. Between June 1 and September 1, 1931, selected as a typical period by the Milwaukee, 39 carloads were transferred from the Great Northern to the Milwaukee, 21 of which were consigned to complainant. Omitting Sundays, the average time which elapsed from the placement of the cars on the Rock Island transfer by the Great Northern to their delivery at complainant's warehouse averaged a fraction over 18 hours. The Milwaukee asserts that 17 of these cars were moved as promptly as they could have been moved had there been a direct connection.

While the establishment of this connection would probably benefit complainant, the record does not demonstrate that the service rendered by defendants is inadequate or that the volume of traffic is sufficient at this time to justify necessary costs of construction. The financial condition of the carriers is such that they should not now be required to undertake new contruction except where it is absolutely necessary. In the circumstances we are not convinced that the proposed construction is reasonably required in the interest of public convenience and necessity.

We find that the present and future public convenience and necessity do not require the construction and operation of a track connection for the interchange of freight traffic between defendants' lines at Pipestone. The complaint will be dismissed.

MCMANAMY, Commissioner, dissenting:

I disagree with the conclusions here reached. It seems to me that substantial public interest has been shown. We have here a complaint by a shipper seeking a connection between two carriers to avoid delay and expense in the handling of traffic, particularly perishable traffic. The complaint is supported by the city of Pipestone, its civic and commerce associations, and by other shippers. One of the carriers, the Great Northern, agrees that the proposed connection is practicable, that it could be operated with safety, and would be in the public interest, and it is willing to share one-half of the cost of construction and maintenance. The other carrier, the Milwaukee, opposes on the ground that it would receive no benefit from the proposed connection. That may be true, but the connection is not sought for the benefit of the Milwaukee Railroad but to make possible better service to the city of Pipestone by all of the railroads and thereby benefit the public. The connection would cost somewhere between $3,500 and $4,500. The Milwaukee's share would probably be less than $2,000. On the showing here made I believe the construction of the connection sought should be required.

190 I. C. C.