The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1894-07-13
GOaOV, IND STOP, 100,
is WHAT THE ROUND POND PEG.
PIE WANT.
THE ROCK ISLAND SAYS no:
Tlnt rhsy Have stations isnoaeh. aLd Al
That fheir charter Requires.
what WIN the auprsmo
Court Say?

The case Of the territory on the
relation Of the Attorney General rs
the EoeH island Co Icing mauda
mus ease instituted for the purpo OF
compelling the railroad company tp.
put in n depot at Round Pond, was
argued in the supreme court ycster
day afternoon by Judge a NJ MaekcY
and Samuel Weston. OF Round Pond,
in behalf OF the people, and Judge
Ollie and Judge Cunningham in behalf
OF the railroad The argument was
on molten for Judgment, notwith-
staining the return Of The company
TO the alternative writ
Judge Maesey argued rat tho re-
turn did not set firth valid legal
excuse for not furnishing the people
OF Round Pond with depot; that the
facts set forth in the Alternative writ
OF mandamus and the admissions Of
the defendant showed such state Of
facts a, clearly entjuc the rciator TO
the relief prayed for
The town OF Round Pond was loca-
ted on the railway but teams did not
stop save at Pond Creek, three miles
away. and between the two towns
flowed the Salt Fork river much of
the time absolutely lmpassible. The
town was the county seat and so there
was large amount Of traffic and
travel to AMI from it. all of which
was hiudcred and delayed by the ali
seuce OF depot facilities.
He argued that the ralrold was a
public highway operated by the de-
f,ndants as ~ common carrier. That
at con- uon law they were bound To
1 furnish the towns along their line
with equal facilities for the carriage
/ OF passengers and freight and could
not discriminate That tins duty de-
volved upon them at common law,
independent OF any statutory regu-
lation Numerous authorities were
cited Ia support of this position, nota.
bly, case from Illinois in which,
under similar circumstances, the
supreme court of Illinois required tho
Chicago 6 Alton railroad company 10
furnish depot facilities to the town of
North Alton, although there wer,
depots 81. miles north and south OF
the town. rhis wa deH,ipa al
common law.
JuGgea Ollie aud Cunnnehar
argued that ths rllroll was no;
bound To furnish depot facilities I,
any town unless required to do SO D.,
their charter or some law Of the terri
toral legislature and that in the all
sencc OF such statutory provision th'
court had 90 power to compsl them tc
do so.
The charter OF the road allowed
them to establish stations every ten
miles, and they had done this. 1hes'
stations were all established and pub
licly ADVERTISED aud used before tn
strip opened, people knew where the.
were aud there was no necessity 70
other stations
> Judge Dillc stated that if the roa
had seen tic they could in the frs
place have refused To establish Il sta
tion at any point on their line be
tween Caldwell, Kansas and For
. Worth, Texas, and that the peopl
would be absolutely without an
ne nedy unless they coald obtain
1t from Congress or the territorial leg
; islature That at common law raj
: roads were under no obligations t
, furnish depots. 1t was II matter ei
4 iirely within their discretion.
j At the conclusion of the argumer
tlle court took the ease undrr ndyis'
mcnt, a decision is not eNpecte
for several weeks. as the jnd gns ~
very busy
Messrs. Mackey and Weston expires
! themselves as having full coutiGen,
: in the power Of the court To grant th
: relief sought ana are very coniider
OF decision in their favor, while II
: Ollie states that the railway compan
has complied with the terms OF the
charter and In the absence of an
S specific legislation TO compel them
do otherwise, he does not see that Oh
e court has any jurisdiction ia ii
matter