The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-04-15
TEXAS
RAIL- ROAD
DECISION
ANALAG0U

Arsiii, rex. April fETho au.
pfemo court. ii an opinion BY Assoc
claee Justice Williams holds that the
Chicago, Rock Island and Gull Rail-
faad company must establish o depot
fer the accommodation Of freight and
passengers at Texhoma, thereby re.
rerains the decisions OF the trial and
appellate courts and rendering Jude.
menl 10 favor 81 the railroad commits
sion. The doctrine announced la 20.
.ihe effect that Che statutes require
railroads to establish depots AZ start
ing places, and as the constitution
llmlts Texas railroads rs TeSas Ter
fisory the aforesaid line ends al the
state border which n the site Of
Texhomn, Tex, However. $40 feet
sway. III Oklahoma there ID 4 station
called TexhomA, but 1, Is on The Chi.
cage. Rock Island aud Pacific rail-
road Thus 1t win be seen Ahag bord.
On points not IN swamps Or on bound.
aries on on river trestles mist be pro.
vlaed with facilities for passengers
and freight.
In tho appellate court the order .of
The commission Was held 10 be IN.
reasonable and an unjust exercise Oh
authority. IN view OF conditions Of
Texhomn. Tex, end because Of the
PRESENTLY Of Texhoma, OK. The same
court sustained the commission IN the
peoos and Northern Texas case, hold
lnk that a depot must be established
1T Farwell. which IS bug q few hun.
bred yards from Texlcc. n. NJ. be-
cause FarNell Ii q county aeat, and
the Texas law requires dep1ls to De
established ri county seats. Toxho.
ma, Tex, ~ no county seat, but II N
1T the lesal terminus q 6 Texas rail
road corporation.
The court says Il inds y unnocce
safy to discuss the question as 10
whether tho commission Is clothed
with power 10 require thr establish
meui Dc stations at places where The
Law has not required thom 10 be estab
lIabcd.
Tho epnrtaffsts IT'S decision on Art
1884. as amended IN 1909 AIT. 1919,
subdivision t. ul Art i5t2, and sub
division / Of Art. 4h79. THESE aFtic
rleH empower ilfc commission tn NJ
loFer performance Of duie upon rail
road companies, ana Art. t994 furih
&c requires that passengers and prop
efly are 10 b received ~ al start
ing places. ca functions. and Ga sid.
lngg and stoEplng places established
for receiving ana dischalA ag was
passengers and freight. The court
says THIS does not mean places deH
lgnaied hy The railroads al stations
hnE the statute Itself names The places
The court treats nt length The duties
of the railroad companies. s~ieamafiz
inR ~ tho effect that ll ilsey are be
qHiged ii receive and deIigog freight
ahd passengers al stations and places
designated hy lhe statutes Therefore
# Texhoma vas d 'atarilne plaee."
VAS the duty Of the railroad company
Is perform us customary service there
4fhe court does not want 10 BE- ma.
deFssoud VS. holding that the mere
stopping n The rails AT tie state line
makes s point NJ which g station must
be maintained. but chat the intention
WIS IHHI ltiIHHAIN ANpiN IN tNHati NNt
ed between terminals and the thought
NAs net that lhe place .Af starting
4ould Be ln an unbroken forest a
uIid and unsettled prairie. q river
of lhe middle 81 i stream forming &
boundary Of the state The roads
we're to ruin from Town Il town. anil
these were their teFmlnk their places
Of startling The state line Is. II Law
md III fact, one terminus "a the line
Ct q rzilfna6 lnsersectine Il. construct
cd hg & TegRs corporation because
IS powers cease II that line but Il
there Is 40 place there. such as Is
meant by The language e Afl. saef.
The mere ending 81 tie track does not
bring into axlssenee The duty defined
ID these statutes. 10 hold that Il
duea wonid wrench The law from is
Obvious meaning aud purpose. and car
r. Il II absurd extremea. To evoid
ibis aud al the sanIe time accomplish