INTERSTATE COMMERCE COMMISSION

Federal Interstate
Commerce Commission
Volume 76 I.C.C.
pages 451-452

Finance Docket No. 1369.
DEFICIT SETTLEMENT WITH YOSEMITE VALLEY R. R.
IN THE MATTER OF SETTLEMENT WITH THE YOSEMITE VALLEY RAILROAD COMPANY UNDER SECTION 204 OF THE TRANSPORTATION ACT, 1920.


Submitted October 23, 1922.Decided January 19, 1923

The amount payable to the Yosemite Valley Railroad Company under the provisions of section 204 is ascertained to be $126,507.71, from which no amount is deductible as due to the President, as operator of transportation systems under Federal control, on account of traffic balances or other indebtedness. Certificate issued.

W. L. White for the carrier.

REPORT OF THE COMMISSION
Division 4, COMMISSIONERS MEYER, EASTMAN, AND POTTER.
By Division 4:

The Yosemite Valley Railroad Company, a corporation of the State of California, hereinafter termed the carrier, is a steam-railroad company, which, during the Federal control period, engaged as a common carrier in general transportation, operating a line of railroad between Merced and El Portal, Calif., 79.17 miles, which connected with the Southern Pacific, a railroad under Federal control. It is, therefore, a carrier within the meaning of paragraph (a) of section 204 of the transportation act, 1920.

The carrier was under Federal control from January 1, 1918, to June 30, 1918, inclusive, and is entitled to the benefits of section 201 for the period from July 1, 1918, to February 29, 1920, inclusive. The return of the carrier under our circular of March 4, 1920, indicated a net credit of $139,089.45 in its favor for the period from January 1, 1918, to February 29, 1920, inclusive. Our examination of its accounts for the period from July 1, 1918, to February 29, 1920, inclusive, shows the net credit to the carrier for that period to be $126,507.71 before making the adjustments under the provisions of paragraph (f) of section 209, required by paragraph (b) of section 204.

Consideration has been given by us to the adjustment of maintenance charges and applying, so far as practicable, the rule set forth in the proviso of paragraph (a) of section 5 of the standard contract between the director general and carriers under Federal control, we have fixed the maintenance allowance during the period in question, at the amount charged by the carrier.

We find that there is payable to the carrier under paragraphs (f) and (g) of section 204 of the transportation act, 1920, the sum of $126,507.71 from which no amount is deductible as due to the President, as operator of transportation systems under Federal control, on account of traffic balances or other indebtedness. The carrier has expressed its willingness to accept this amount in final settlement of all its claims against the United States under that section.

Settlement herein is based upon the commission's report of February 9, 1922, in Finance Docket No. 1600, Construction of the Word "Deficit," 66 I. C. C., 765.

An appropriate certificate will be issued.

Certificate No. 5-779 under Section 204 (g) of the Transportation Act, 1920.

TO THE SECRETARY OF THE TREASURY OF THE: UNITED STATES:

1. The Interstate Commerce Commission, hereinafter termed the commission, hereby certifies that the Yosemite Valley Railroad Company, hereinafter termed the carrier, is a corporation of the State of California, and is a carrier as defined in section 204 of the transportation Act, 1920. The commission further certifies that under the provisions of paragraphs (f) and (g) of said section 204 the amount payable to the carrier is $126,507.71

2. The commission also certifies that there is nothing due from the carrier to the President (as operator of the transportation systems under Federal control) on account of traffic balances or other indebtedness.

Dated this 19th day of January, 1923.