Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1907-06-20
JUDGE STEVENS DlsMIssEs CON-
PLANT OF 800"
UPHOLDS THE COMMISSION
Declares Railway Company Has MT
Met Burden Resting Upon it
Must Stop Two Passenger Trains
Daily at Dwight, Small Sta
ton.
Madison, June IL.

MdISOu, Juuc Ii.
Judge Stevens of the circuit court
decided yesterday that the order CT
the railroad commission compelling
the Minneapolis, St Paul & Sault
Ste. Marie Railway Co. to stop trains
at Dwight was reasonable. He dis
missed the complaint of the railroad
company and dissolved the tempol airy
injunction against the commission.
the northern part of the state. The
commission ordered the railroad conf
pany to erect a suitable Platform
there so as ITO enable passengers to
get on and of trains with safet. aad
also to stop local passenger trains
Nos. "a ind IS. The order included
that. except during the season when
cream is being shipped trains need
stop only on signal in case passengers
desire to take a train or on request
of passengers to conductors in case
they desire to get off at Dwight The
railway company appealed from this
ruling to the circuit court. In part
Judge Stevens decision is as follows:
The legislative intent as expressed
in chapter 1862, laws of 1905, is tc Sc.
cure reasonably adequate service at
just and reasonable charges In the
railroad commission is vested p,wer
to determine, subject to certain super
visory control by the courts. what
service is reasonably adequate and
what charges are just and reasonable.
There is an entire absence of any
provision in this law that would
measure by any hard and fast lines
the reasonableness of rates or the
adequacy of service. The legi slative
plan as expressed in chapter 362 Is
entirely different from the hard aud
fast lines of regulation set forth in
section 1899 ct seq, Wis. 1898 In
these sections certain fixed tests were
established by which to determine the
character of the service that the com
pany was required to furnish. Under
chapter 362 each particular case is de-
termined upon the showing made rath-
er than by the application of the test
of any hard and fast lines.
Upon the plaintiff rests the burden
of satisfying the court by clear an,
satisfactory evidence that the orter
complained of is unreasonable. ,on.
sidering the number of people to he
served the distance to the nearest sta
lions, the assured shipments of cream
that will the year round pay the
small expense of stopping the trains
on every day that the order REQUIRES
them to stop without flag. the other
express business and the number OF
passengers that will be induced to
travel when the trains stop at
Dwight, the short delay occasioned by
the additional stop and the fact that
the only additional danger vii. be
from freight train approaching from
the rear, which must attain practical
~ the same speed as these passenger
trains before it can be a source of
danger the court concludes that the
plaintiff has not met the burden rest
ing upon it, 1t appears that trains
stopped at this identical station for
some years and that there are now at
least four flag stations. without
agents, where these same trains are
subject to stop each day. All these
facts led the court to find that the
order in question is reasonable