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The Director of Retirement Claims the General Counsel Pennsylvania

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The Director of Retirement Claims the General Counsel Pennsylvania The Director of Retirement Claims The General Counsel \ Pennsylvania and Mahoning Valley Railway Company Mahoning & Ghenango Railway C< Light Company (Pennsylvania) Mahoning P* Shenango Railway L Light Company (Ohio) (Kama changed February PI, 192>i to The Pennsylvania-Ohlo Llootric Cor.pany) The Pcnn.sylvania- .hio Lloctrlc Company The Pcnnaylvania-Chio Power & Light Company I herewith submit my opinion on the following* HiibTioi; 1. "as tho Pennsylvania end Mahoning V,alloy Railway Company an nemployer" under the Railroad Retire­ ment Act and is corvico to it creditable under that Act? 2. Tino the Mahoning ft fihenango Railway ft Light Com­ pany (Pennsylvania) an "employer" under tho Railroad Retirement Act and is service to it creditablo under that Act? 3. Vi.)o Tho Pennsylvania— )hlo - lcctrio Company (prior to February 21, 1920, known no tho Mahoning & Rhonango Railway & Lirht Co pany (Ohio)) an "era- ployor" tmdor the Railroad Retirement ct end is service to it creditable under that 'ct? 4. Van Tho Pennsylvnnia-Chio Power & Light Company an ’'employer" under the Railroad Retirement Act and ia service to it creditable under that Act? opr'ie:; 1. It is ny opinion that the Pennsylvania and Mahoning Valley Railway Ccmp-my was not an "employer11 under tho Railroad Retirement Act and that aervice to it ia not credit.-ible under that Act. -2-< ?£omoranduu to The Director of Retirement Claims 2. It is cy opinion that the Mahoning & Shcmango Railvtay & Light Company (Pennsylvania) was not an "employer" tinder the Railroad Retirement Act and that service to it is not creditable under that. Act. 3. It Is my opinion that The ronnGylvanifi.-tihlo Electric Company (prior to February 21, 1920, known as the Mahoning & 'Shonango Railway & Light Company Ohio)) was not an "employer" xindor the Lailroad Retirement Act and that service to it is not credit­ able under that Act. - ■ , 4. It la my opinion that The Pennsylvania-Ohio Power & Light Company was not an "employor" under the Rail­ road Retirement Act and that service to it la not creditable under that Act. DlOCgjdlOfl i;cnn.y/lvanla and *r;?honln.rr Valley Railway Company Information in Poor’s Railroads (street Railway Section) in that tho Pennsylvania and Mahoning Valley Railway Company was incorporated on May 24, 1902, under the laws of Pennsylvania, as a consolidation of the following companies t Tho Mahoning Valley Railway Company Lew Castle Traction Company Tho Trumbull Electric Railway Company Tho Mineral Ridge and Riles Traction Company Row C&etle ft- Lowell Railway Company Lowrcnco Gao Company Row Castle lilectric Company "These cocprieo the entire local aysLem in Youngstown, Ohio, Riles, Ohio, 1 orron, Ohio, and Row Castle, Pennsylvania, nnu all tho electric lighting, power and manufactured gas business of Row Castle, Pennsylvania." Tho railway was of standard gauge, electrically (overhead trolley) operated and consisted of approximately 92 miles of track. Tho company owned 110 cars. Revenues na reported in tho manuals oro not broken down. Oo.io tins in 1905 tho properties of tho company were acquired by tho Mahoning 6 Shenango Railway £■ Light Company (Pennsylvania). An oxraination of tho records of the Interstate Commerce Cont- miasion does not indicate that the Pennsylvania and Mahoning Valley Railway Conptmy filed with that Coisaisaion any tariffs, concurrences, powers of attorney, annual or other reports. It has no "A" file and doea not appear .iv-1fcVjrundmii to The Director of Retirement Claims to have boon a party to any proceadlngs before tho Commission. Ita name dooo not appear in the Official Guide of Railways or in the Official Rail­ way Equipment Register. It coos not sppoar from the foregoing that the Pennsylvania and Mahoning Valley Railway Company was an express company, sleeping—car com­ pany or carrier by railroad subject to Part I of the Interstate Ccrswc© Act. But in any event, it is iny opinion that tho railway operated by it vi,so nothing moro than a utroot, suburban or ir.torurban oloctric railway within tho exception proviso in bection 1(a) of tho Railroad Retirement Act. The records available do not indicate that tho Pennsylvania and Mahoning Valley Railway Company was or,nod or controlled by or undor cona­ tion control with any "carrier employer" and in any event there is no evi­ dence that in tho operation* of its light and power properties it performed any service in connection with the transportation of passengers or property by railroad within tho meaning of Section 1(a) of tho Railroad Retirement Act. Therefore, it was not an "employer" undor the Railroad Retirement Act. As will appear later In this memorandum, tho company vzao not a "prodocoasor" within tho meaning of Sections l(f) and 202 of the Railroad Retirement Act of 1937 end service to it is not creditable under that Act. Mahonin? *■ Bhennrro Railway I- 1,1’ht Comn-iny (Pennsylvania) Information In various iditiona of Poor1 a and Moody’s manuals is that tho Mahoning L Shonango Railway 6 Light Company was incorporated on liny 23, 1905# under the laws of Pennsylvania and acquired tho property of tho Pennsylvania and Mahoning Valley Railway Company. It io said to ha vo "or,mod or controlled" about 159 a ilea of "intorurban and street rail­ way" linos in Youngstown, Girard, Miles, arron, Teavittalmrg, Sbruthera, Lowellville, Mineral Ridge, Ohio, end Sharon Falls, fheatland, V'eat Middle3 ox, Sharpoville and Row Castle, Pennsylvania, and alco tho electric lighting cystoma In certain of those communities.2 / The Mahoning & Shenango Railway t: Light Company (Pennsylvania) was succeeded on August 29, 1917, by the Mahoning 6 Shenango Railway & Light Company, an Oliio corporation, tho nano of which was changed on February 21, 1920, to The Pennsylvania—Ohio Electric Company. An examination of tho records of tho Interstate Cow.erce Co»- nission shows that the Mahoning t- Uhenmgo Railway le Light Company j/ Apparently each "controlled’1 company was operated as a ooparnto entity for each company, which had railvny operations, filed annual operating reports with the Interstate Commerce Commission, the reports of tho Mahoning & Shenango Railway & Light Company indicating tho ownership and operation of only approxi utely 13 ciiloa of railway. Ifonorsndua to Tho Director of Retirement Claims (Pennsylvania) filed with that Commission annual (oloctric) operating re­ ports for the years 1907 to 1916, Inclusive. It filed a. total of 21 freight tariffs. Tho earliest effective date of any of these tariffs is that of Its I.C.C, Do. 1, February 5, 1915- It filed also a number of passenger con­ currences and poMors of attorney. Ite freight tariffs were headed up aa followsi \ "Mahoning & Shenango hallway & Light Company comprising the following linasi Mahoning St Shenango Railway & Light Company. Sharon & I’ew Castlo Street Railway Co.ipany i / Mahoning Valley Railway Company 2/ ; , Lew Castle & Low oil Railway Corjpany 2/ Youngstown fr Sharon Street Railway Company 2/ Poland Street Railway Company" Tho Mahoning It Shenango Railway & Light Company (Pennsylvania) does not appear to have been a party to any proceedings before tho Interstate Com­ merce Coamission and its nans dous not appear in tho Official Guide of Railway® or tho Official Railway Equipment Register. Tho following tablo shows tho revenues of the Company and the equipment and mileage owned by it as reflected In its reports to the Interstate Co.vaereo Commissiont n;;v;~rnn-!i percor.tago of sruipvrrT freight to pao- Year Freight Pnooonger eenrer revenues Freight Pasaearner Mile a "i „ 1909 v‘ 2v0, u21. 56 12.93 1910 - 204,267 - . - 56 12.93 1911 - 222,18? - - 56 12.93 1912 — 226,740 - - 56 12.93 1913 — 234,333 — - 56 12.93 1914 - 240,644 - — 66 12.14 1915 5481 305,998 - - - 66 12.14 1916 604 403,442 - - 42 36.00 Inforraation furnished by Mr. V>. G, Bourne, Jr., Treasurer, Tho CoenonwealtU (t .Southern Corporation, (which company appears to be In possession of certain records of the ".'(boning ft Ghenango Railway & Light. Company and its successor corporations) with letters dated Kovenber 4, 1941, and Becenbar 10, 1941, is that c*ppraxira;vt«ly 9 per cent of the rail­ way of the Mahoning & Chenango Railway & Light Company (Pennsylvania) was built oil privately ovfned right-of-way and thu balance on public streets or highways; that it handled no freight; that it did not have physical 2/ Thego companies filed separate annual reports with tho Interstate Corcuerco Commission. Kemorandua to The uiroctor of Retirement Claims connection Tilth any otona carrier; that It did not interchange froieht or paasongorg with any steaa carrier; and that It was not directly or indi­ rectly owned or controlled by or tinder common control with any exproas company, sleeping-car company or carrier by railroad subject to Part I of tho Interstate Comaoreo Act, Y/'hethor or not the Mahoning & Shonango Railway f< Light Company (Pennsylvania) was a carrier by railroad subject to Part I of tho Inter­ state Commerce Act, it la my opinion, on thu basis of tho foregoing infor­ mation, that tho railway operated by it was nothing more than u street, suburban or lntcrurban electric railway within the exemption proviso in Section 1(a) of tho Railroad Retirement Act. It ovmed no freight equip­ ment; it had no physical connection with any steam carrier; it did not interchango freight or passengers with tiny steam carrier and except for / tho years 1915 and 1916 (for which years It had freight revenues of £481 and A604, respectively), it had no freight revenues. There is nothing in tho information available to chow that tho Mahoning & Shtmango Railway ft Light Company was controllod by or uncier com,:,on control with any "carrier employer" and in any event there is no evidence that in the operation of its power and light properties it performed ur.y ecrvico in connection with tho transportation of paesengors or property by railroad within tho mean­ ing of Section 1(a) of tho Railroad Retirement Act.
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