Arthur Goldberg

“ It is difficult to conceive of a situation in this era of widespread bus, airline and automobile transportation in which the Commission cannot find that alternative services are more or less available to handle the diminished railroad passenger traffic. Such a finding coupled with a 'net loss' on the passenger trains will meet the discontinuance standard approved by the Court. ”

“ The dissenting opinion referred to by the court had said:
'Of course, those who contend that intrastate traffic as a whole is not discriminating against interstate traffic may come forward and show, as they may in respect to any claimed dissimilarity of conditions surrounding interstate and intrastate traffic, some favorable aspect of intrastate operations that the Commission should take into account. ”

“ It is true, as the Court points out, that this legislation reflects concern with 'the worsening railroad situation.' Ante, at 101, n. 6. But it is far from accurate to conclude that Congress was oblivious of the needs of the passenger public and of the primary responsibility of state commissions for the regulation of purely intrastate service. Under § 13a (2) a railroad seeking to discontinue an intrastate passenger train, as distinguished from an interstate operation, must first apply to the appropriate state commission. ”

“ No. 2274, 85th Cong., 2d Sess.↑ The report of the hearing examiner, which was accepted by the Commission and is now approved by the Court, made it clear that a net loss standard was utilized:↑ This does not imply that either the Commission or the Court has failed to acknowledge that a carrier must show that public convenience and necessity will permit the requested discontinuance. ”

“ For such passengers, they furnish a convenient overnight pullman service to Washington, New York and other east coast cities and conserve working time for the traveler having business at the north or south terminal cities. ”