The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-20
TAKE NO sUesTiTuTE

ferlng with the permanently establish
Ell business and Interfering with tho
business for w1ich the railroads are
operated. The Commission ices not
seem it proper 70 Interfere In the poll
cy established bv the railroad com
many. Although the rates and charges
for the service rendered in this case
may appear a little high. the Commis
sion rs Of tae opinion that It is best
To make no onier IN this case thereby
perm ttlng The rail-Cad company tC
regulate such traffic as its experience
ana Judgment may suggest
The COMPLAINT MAS dismissed
j. w. SWartz, Chelsea VS.. ST. L. g.
r. r. R. Co.
This was petition to require the
railroad 10 open several street orosF
'ner IN the town OF Chelsea It an
peared from the evidence that the
crossings at these particular places
hai never been declared by any autho,
ity or Jaw public highways or streets
After citirg authority. the Commission
says:
The law provides how all streets
anl prhlc roa Q may be declared high
ways acrcss p railroad right-of-way
Tho nn'Telon has no jurisdiction
except sucn ss expressly or by neces
sarv impl'ration Is conferred unon e.
bv law. The laying Jut or opening Of
h'ghwavs or streets Is not one of the
irtles enioinel upon THE Commission
Tta C-rm'ssion har the power and
authority wffer ench highwgf or stree
'r~-7iny ie legally established to re
rnire -,e rs'lroPd 20 establish sucl
"~cssinR as may ne necessary for tho
afctv ~ III rnbiic. md to requir
sn'N -'fetv leviccs and tie tharacte'
I'D kirli cf crossing as may be nece=
~-v " reasonably insure the opere
SO" of the t~'irs acrr~s such hlghwe
Ia fc'f - iNc ruflic on the trSip
r. '-oli pc f@ose Hr"s ing the right-"'
wy nr '-reci o h'ehwar. To this en-
he C0mm'f-'on ne'v require overhea
~ =" rrTfrnud crossings or yurh OF
- 3evfces rs may IN It's pud@ment b
Herosesrv for tho safety and conver
'or"e Of tho nuhlic
rH-~ ~rlai~' ~os dismissed.
y N-vcr nj Logan County vs. N. X
q r. ~. Co.
~ 'hls cffe The complainant fled
o'i'i-~ rr.v'ur tNe Commission TO re-
~i-e t''a deferAant to PIT IN GU
~'t or the lh"imeut ~ n highwa'
'o~ the nurpose Of drainage. that his
farm may not be overlooked. AMI t.
prevent nuisance by siagnart water
passing upnn This question the Com
otvsien ns'rrod the wD-ls "supervis
'r~. rerriating ana controlling" in the
following manner:
"rhe woris 'suuervislng. regulatim
1ud cont olline do not mean that the
Commission ehouid become genera
managers OF railroads with power tc
ediust private grievances, hut onl,
means such supervision. regulation
and control rs will properly protect
md require al necessary shippino
facilities rs may he necessarr for the
conrenlence welfare ana safety Of the
general public. and the proper use o.
such facilities. II Is not the duty o.
the Commission to order railroac
company to build culverts or bitches
for drainage unless It should appear
from the evidence that such ditches
or culyerts were necessary for the
proper protection OF the roalbed. and
that nv ordering such. opening or drain
age. the road wonH thereby be made
safe for public travel The Commits
sion has no jurisdiction to require the
railroad company to a'hate nuisance
which may be created by the dam.
ming OF water unless such nuisance is
OF such a character as may be offen-
siye or otherwise dangerous to the
travelling public or employees Of the
railroad company passing over the
-oad o. in close proximity thereto"
The complaint was dismissed.
J. 3. OesVer, Wyandotts, vs. ST. L. &