In the matter of the application of the Canadian National Railway Company for an Order authorizing the abandonment of operation of that part of its Maynooth Subdivision between Bird's Creek, mileage 90.20 and Wallace, mileage 117.57, in the Province of Ontario, a total distance of 27.37 miles.

July 8, 1965.

Before:
J.M. Woodard	Commissioner.
W.R. Irwin	Commissioner.
Appearances:
H.J.G. Pye	For Canadian National Railway Company.
Arthur E. Maloney, Q.C.	For Reeve Caldwell, Carlow Township; Reeve Cunningham, Mayo Township; Reeve White, Dungannon Township; Reeve Morris Irwin, Faraday Township; Reeve Jess Carr, Monteagle Township; Reeve Belmont Card, United Townships of Bangor, Wicklow and McClure; Reeve Peever, Herschel Township; Bert Barker andLome McDowell, lumbermen; Jack Fallis and R.T. Adams, pulpwood shippers; Bancroft and District Chamber of Commerce; Reeve of Village of Bancroft; Rev. M.E. Schreoder, Lutheran Church, Maynooth; Rev. Father J.G. Weis, Our Lady of Lourdes, Parish, Cardiff; Rev. Father Henry J. Maloney, Our Lady of Mercy Parish, Bancroft.

Heard at Bancroft, Ontario. July 8, 1965.

Oral Judgment

Commissioner Irwin:

On April 22, 1964 Canadian National Railway Company applied to the Board for an order granting it leave to abandon the operation of that portion of its Maynooth Subdivision between Bird's Creek, mileage 90.20 and Wallace, mileage 117.57, a total distance of 27.37 miles.

Local residents, organizations and municipal authorities having advised the Board of their opposition to this application, it was decided to hold a public hearing where both the applicant company and those opposed could offer testimony and argument to the Board, and the issue determined. Consequently this hearing was set down for July 8, 1965 at the Village of Bancroft, Ontario.

At the hearing counsel for the applicant company, Mr. Howard Pye, advised the Board that, with the consent of those opposed represented by Mr. Arthur Maloney, Q.C., the applicant was prepared to amend its application by withdrawing as a candidate for abandonment that portion of the Maynooth Subdivision between Bird's Creek at mileage 90.20 and Lake St. Peter at mileage 109.84, thus reducing the length of the branch for which it was now seeking an order to abandon to 7.73 miles being that portion of the Maynooth Subdivision between Lake St. Peter, mileage 109.84 and Wallace, mileage 117.57.

Mr. Pye further submitted to the Board that the applicant company was revising its application on the clear understanding with those opposed that if business on that portion of the subdivision between Lake St. Peter and Bird'sCreek did not substantially improve within two years from the date of this hearing, the applicant would renew its application for authority to abandon the said portion; and also on the further understanding that those opposed will not contest the proposed application by the applicant company to replace the agent at Maynooth with a caretaker.

Mr. Maloney advised the Board that he represented the reeves of the Townshipsof Carlow, Mayo, Dungannon, Faraday, Monteagle, Herschel, Limerick, Wollaston and the United Townships of Bangor, Wicklow and McClure; as well as the Village of Bancroft, the Bancroft and District Chamber of Commerce; Mr. L. McDowell and Mr. B. Barker, local lumber dealers; Mr. J. Fallis and Mr. W.R. Adams, pulpwood dealers or pulpwood brokers I believe that is; Clergymen from Maynooth, Cardiff and Bancroft; Mr. Robert Temple, M.P.; Mr. Clarke Rollins, Member of the Ontario Legislature for East Hastings; Warden Beckett of Hastings County; Former Warden Bumside of Hastings County and Messrs. J.B. Kemp, W.C. Schnell and G. Martin.

On their behalf he submitted that his clients had agreed to the revision of the application and had consented to the proposed abandonment of that portion of the Maynooth Subdivision between Lake St. Peter and the end of the steel at Wallace, a total distance of 7.73 miles and that they had agreed not to oppose the proposed application by the applicant company for the replacement of the agent at Maynooth by a caretaker.

The Board then inquired from the bench whether there were any people present at the hearing who were opposed to the revised application. No one present so signified.

The applicant company then proceeded to introduce testimony to the effect that its annual operating loss for the trackage between Lake St. Peter and Wallace was $6,130 for the year 1964.

In view of the withdrawal of all opposition to the revised application and after consideration of the testimony submitted by the applicant company, we find that the loss and inconvenience to the public consequent upon abandonment is not sufficient to warrant continued operation of the line between Lake St. Peter and Wallace.

The application of Canadian National Railway Company for authority to abandon operation of that portion of its Maynooth Subdivision between Lake St, Peter, mileage 109.84 and Wallace, mileage 117.57, a total distance of 7.73 miles is granted. Such abandonment to take place after the 15th day of August 1965 upon 30 days' prior notice filed with the Board and to be posted in the stations at Lake St. Peter, Maynooth, Bancroft and Whitney.

The applicant company shall advise the Board that abandonment of operation has taken place within one week of such abandonment.

An order to this effect will be issued upon the Board's return to Ottawa.

Now, this concludes this hearing, and on behalf of the panel and members of the Board, officers of the Board here present, I would like to thank the officials of the C.N.R. for their co-operation and presentation of the evidence and thank the citizens of Bancroft and the opposition in absentia for their co-operation, and the Board will await your further application concerning the caretaker at Maynooth.