The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1894-07-13
GOSI0N. End STOP. 100,
IS WHAT Tt6 ROUND POND PFC
rLE WANT.
THE ROCK lSLAFO SAYS no;
Tiat Th'y Have stations iinoueh. and Al
That Their Charter Requires.
what VIII ihe suPr, mc
Court sag


Tho ease Of the territory on the
relation Of the Attorney General vs..
tho Rock Island CO. Icing mauda
mus case instituted for the purpose Of
compelling the roilroad company to
put in a depot at Round Pond, was
argued in the supreme court yesier
day afternoon by Judge a NJ Maekey
and samuel Weston, of Round Pond
in behalf of the people and Judge
Dillc and Judge Canning ham ia boha'f
OF the railroad. TIE argument was
on a motion for Judgment, no,with-
standing the return Of the company
to the alternative writ.
Judge Mackey argued that the re-
turn did not set forth valid legal
excuse for not furnishing the people
Of Round Pond with depot; that the
fac set forth in the alternative writ
of mandamus and the admissions of
the defendant showed snch state Of
facts as clearly entitle the relator to
/ the relief prayed for
The town Of Round Pond was loca-
ted on the railway but trains 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 impassible, The
town was the county seat and so there
was large amount of traffic and
travel to ana from it, all Of which
was hindcred and delayed by the alb
sence of depot facilities.
lie argued that the railroad was a
public highway operated by the de-
PENDANTS as common carrier That
at com non law they were bound to
furnish the towns along their line
with equal facilities for the carriage
Of passengers and freight and could
not discriminate. That THIS duty de-
volved upon them at common law,
independent Of any statutory rcgu-
lation. Numerous authorities were
cited in support of this position, nota
bly, ease from Illinois in which,
under similar circumstances, the
supreme court Of Illinois required the
Chicago & Alton railroad company to
furnish depot facilities to the town OF
North Alton, although there were
depots ~ miles north and south of
the town. Tnis was deeision at
common law.
Judges Dillc and Cunningham
: argncd that the railroad WAS not
bound To furnish depot facilities tc
, any town unless required TO do So 10y
their charter or some law OF the terri
2 toral legislature, and that in the alb
2 sencc of such statutory provision I'll,
court had no power to comp1l thcm to
5 do So
The charter of the road allowed
them to establish stations every ter
miles, and they had done this. Thes,
r stations were all established and pub
licly advertised aud used before th'
strip opened, people knew where the!
were and there was no necessity fo
, other stations.
Judge Ollie stated that Il the roa,
= had seen fC they could in the frs
place have refused to establish sta
tion at any point on their line be
' tween Caldwell, Kansas, aud For
Worth, Texas, and that the peopl
c would be absolutely without an.
remedy unless they colld obtain
1t from Congress or the territorial leg
: islature. That at common law rail
; roads were under no obligations t
) furnish depo,s. 1t was IA matter en-
< tircly within their discretion.
> At the conclusion of the argumen
d the court took the case Il nder advise
IS ment. A decision is not eXpecte
h for several weeks. as the jud gss ar
d very busy.
d Messrs. MaclSey and Weston expires
themselves as having full conhdenc
n the power of the court to grant til
relief sought and are very conhden
of a decision in their favor, while Nh
Ollie states that the railway compan
has complied with the terms Of thei
y charter aud ia the absence of an
Is specific legislation to compel them
Is do otherwise, he does not see that th
~ court has any jurisdiction in th
matter
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