The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-20
HAVE The RIGHT.
Railroad Board May COmpei
Roads to Maintain Telegraph.
Only for the Convenience OF
It's Patrons.
MIR. JACKSON'S OPINION
1t Is Given at the Request of
Attorney Grattan.
Question Brought Up by Action
of Missouri Pacific.

Ire state board of railroad commits
sioners has ample authority to compel
the railroad companies to maintain
telegraph or telephone service at the
stations in Kansas to provide for the
safety and convenience of passengers
and shippers but it cannot compel the
telegraph companies to maintain offices
for commercial business. Such is the
decision Of Fred 8. Jackson, attorney
general. and G. F. Grattan, attorney
for the railroad commissioners. The
railroads have been disseminating tele-
graph service at many small stations
throughout the state. 1t Is said that
the Missouri Pacific has closed about
one-haf its stations and the other lines
have cut off a large number Many
complaints about stations have been
made to the board and it was decided
TO make an investigation and see what
the board could do to relieve the situa-
ton.
When the board members began look
Ing up the legal questions involved 1t
was found that the legislature had not
given the board control over telegraph
lines The attorney for the board was
asked If the board had any authority
to compel the railroads to maintain tel
egraph service. Mr.. Grattan, owing to
some other questions involved asked the
attorney general about it. In opinions
handed down by the attorneys it is
held that the board has no control over
telegraph service except as this Is
necessary part Of the equipment Of a
railroad and is necessary for the safety
of passengers and shippers and also for
their convenience in knowing the time
of arrival and departure of trains.
peculiar fact arises from this de-
cis1on In that where a railroad COM
pany maintains a block signal system
it is impossible for the state to COM
pei 1t to establish telegraph stations
under the present laws. The block sig
nal system tells the train operators
where train Is all of the time while
on certain division and this is ample
for the safety of the passengers but
does not make travelling any more con-
venient. However, where there is no
block signal system installed the board
may compel the roads to have tele-
graph service in every station on it's
lines, simply as a precautfon against
wrecks or delays. Both attorneys hold
that the telegraph service is neces-
sary equipment of the lines and as such
the board has plenty of power to make
any order which the facts may war
rant.
In his opinion the attorney general
says:
"Certainly the safety Of passengers
and the convenience OF shippers of
freight demand that the railroad COM
panies equip their lines with either
| telegraph or telephone service suffi-
Client to control the movement of
trains and to prevent unnecessary de-
| lays in the loading of freight and
handling of cars. It seems plain to
me that the board has authority to
dispose of this matter and to treat
such service as a necessary part of the
railroad company's equipment The
material question is, are the railroads
| fulfilling their obligations to their pa
irons in the cases in which complaints
are made"
| Along the same line Mr.. Grattan
| has the following:
1.-The board has power in the con-
| troll of railroads In the matter of ham
ding cars, the running Of trains and
| concerning the operation Of the rail-
road, the power to make all reason
able orders that will compel the rail-
roads to render service to the public
and protect the lives and make the
road more SAFE And in proper cases
the board may order and enforce
reasonable orders concerning tele-
graphic or telephone service in the
management, regulation and control
of cars and trains where the obser-
vance of your orders would remedy
the matters complained Of Orders
bearing upon the latter matters must
be governed by the facts as appear
| ing to the board, or that may be
| shown at the hearing. I know of no
power to compel the railroads to OPP
crate telegraphs in the sense that tele-
graph companies operate them"