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Abstract

After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable at first, it would ultimately prove to be a remunerative investment. Upon a petition to set aside and annul the order, the Court held, three judges dissenting, that the Commission had power to order only those extensions within the original undertaking of the carrier to serve. Interstate Commerce Commission v. Oregon-Washington R. R. & Navigation Co., (U.S. 1933) 53 Sup. Ct. 266.

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