The great West. [volume] (St. Paul, Minn.) 1889-18??, 1890-02-14

the general public as regards a fac
tor OF transportation; and could
sustain no rights to their location
upon the grounds of the railroad
company.
The usefulness of the yards there
after would be strictly limited to the
person or corporation using them.
The general public would derive no
benefit therefrom in respect to trans
pOrtation service. Therefore the
railroad company would be exceed
ing its charter rights in acquiring
and holding grounds upon which
they allotted. locating space for pri-
vate enterprises.
The arguments heretofore applied
to stock yards are applicable with
equal force to elevators. Assuming
that they are a public necessity as
an Indispensable part of the equip
ment of a transportation company
in the receipt of grain for shipment
for otherwise they could possess no
rights to location upon the
grounds legally held by a railroad
corporation, any more than could
the warehouses of mercantile firms,
produce dealers, or brewery men or
the sheds of lumbermen or coal deal
ers) a railroad company must be
held responsible for their supply in
sufficient capacity to meet the needs
of the public; and for their location
it must acquire real estate.
The railroad company may under
contract allot the ownership and
conduct of this branch of it's service
to a distinct person or corporation;
but, in assuming it's operation the
person or corporation obligates his
or itself to a position in relation to
the public identical with that of the
common carrier, tO-wit not to SUBJ
ject any particular person, company,
firm, corporation or locality or any
particular description of traffic to
any prejudice or disadvantagein any
respect whatsoever. Failure in any
of the essential duties, so charged
with the public, would certainly for
felt the rights of the corporation un-
der contract; and they would have
to give way to others who would
undertake to fulfill the obligations.
If the foregoing is reasoning found
ed on sound principles, and in sub
hitting it to the board, deem it SO,
this board has no authority at law
to compel the respondent to grant
the petitioners locating space upon
it's grounds for an elevator to be
used for storage and handling of the
exclusive property (grain) of the
petitioners.
Note by GREAT WEST This
makes the two elevator companies
part Of the R'y Companies instead OF
leaseholders for private gain-a con-
dition which is not involved in the
case.]
The issuing of the order prayed by
the petitioner, and the execution Of
: it's terms by the respondent will not
right the wrong done by the respon
dent in having permitted the eleva
tor owners now established at Elm
wood, to enter upon it's depot
grounds and permanently locate fol
the transaction of purely a private
, business.
Surely an existing wrong, the re
suit of an act done in the past, can
not be righted by a second or thirt
commission of the act. Two wrongs
will not make a right.
! Without passing Judgment on tn
statement of the respondent tina,
} without the acquisition of additions
:, depot grounds it could not afford tn
e room for third elevator and exten<
: to it facilities required for transpor
7, tation, suppose such be the facts @
l the case; and suppose the respond
: ent undertook to comply with an or
+ der from the board, as prayed for b,
: the petitioner, and, in it's efforts t.
}. attain additional ground, met witt
j. resistance from property holders
Il Condemnation proceedings woua'
+ follow; and in appeal to the Court
the burden Of proof is upon the eas
e riers to show that the ground whicl
;. it seeks to appropriate is necessar.
a to the convenient use of it's road b.
+ the general public.
Certainly no Court would compel
, citizen to surrender title to his prop
erty upon the showing that til
+ grounds were for the location OF 4,
y construction, the use of which woul'
be for the benz fit of a certain othe
;, citizen or combination of citizens
:, The Court could just as equitabl
compel the citizen to surrender hi
property for the uses of Jones an,
! Company, hog buyers and shippers
= use this illustration for the pun
. pose of showing the very probabl
:, outcome of an order as prayed fo
! by the petitioner.
u Whatever peculiar Or exceptions
facts may exist in the case of tn