Common Carrier status is determined by the use of interline way-billing which in any case happens to cross state lines. It also is a requirement that the carrier handles all traffic by demand to justify the right to condemn land.
One must realize that the U.S. Constitution only gives the federal government authority to control commence between states and foreign countries. There for the Act to Regulate Commence (ICC) only applies to interstate traffic handled by steam and electric railroads that conducted transportation that was across state lines. The States have their state rights. Trolley, interurban (ones that did not handle freight), tourist railroad in the 1890, cog Railroads, toy railroads were all excluded from the ICC, because of the design of the Constitution. There lines do not conduct transportation which is by definnation "handling traffic from one station to another station (point)". [Under the present FRA rules still exclude these lines as "Section #3" but termed with the mis-leading title of "Rapid Transit". Many tourist lines can legally claim to be Section 3 exclusion, as Raipd Transit was defined as "usually electricly powered" (not always) "and usually in an urban area "(did not define what is urban so said the Colorado Congress)].
Therefore the West Side Lumber was an entirely private operated line only under state authority. Since its cars never left the line it would not be part of the ORER. Why the EBT is not shown in the ORER is possibly the fact that their cars never left the line except on PRR track at Mt. Union and never repaired by anyone else in joint use. It also may be by the fact that the EBT filed a tariff with the ICC that showed all the car details as you see in the ORER. I have one of those dual page tariff sheet, listing every car by number, with size and details. But if the car went off line, subject to repair, it had to be in the book. That is the reason why they were published every month for years, and I believe still printed, along with the UMLER file (thanks Rick).
A private railroad is such which only handles its own material for which no revenue is paid or exchanged. Lines like the Uintah were entirely privately owned but handled much other traffic on interline way-bills and therefore opened itself to the definition of being common carrier. It is likely that it did not buy all the land it was built on but built with the right of being a common carrier intent. If the Uintah only hauled Gilsonite from its own mine, and never moved people, other freight, and supplies without collecting any money to do so, it could be a private carrier. That would require the gilsonite to be sold fob MACK, CO and not at the mine, and no other mine owner could ship on the line as well. The other mines would have grief if the U. Ry. was build on public lands and not handle their traffic as well.
Anyone catch the unusual note that TV cars were on home road if on S&NY? How they would get there would be a big mystery as TV was ng and S&NY was SG and miles apart. That note was also on the S&NY page, so I guess they did have cars that could be on the SG part of the TV and be on home road if in need of repair. Both were owned by the same Trust Company. George
