The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-02-03
WOULD
En- I ALL
HARDSHIP
REASON OF DENIAL OF
SUPERsEDEAs WRIT
TO RAILROADS
RAILROADS OBJECT
TO GENERAL OFFICES
Corporation Board Insists on
Rigid State Examination Of
Corporation Books

In an opinion by the corporation
commission II is explained that a SUI
persedeas In Its general office order
has been denied the railroad compan-
les because further delay would work
an unreasonable hardship In an equit-
able adjudication of litigation con-
cerning proper regulation of public
service utilities operating in the
state. Further than this, the opinion
recites, the commission would be pre-
vented from making careful and
rigid examination of books and rec
Ords, "and thereby determine with ap.
proximate mathematical accuracy the
rels0naD.eness or unreasonableness
OF many claims and contentious com.
ing before the commission
Recently the commission issued a
final order requiring public service
corporations to establish general Of
fices In the state in compliance with
Sec. OF Art. TX OF the constitution
and from this order the companies
appealed to the Supreme court. re-
questing an order from the commits
sion that would suspend pending adj
judication of the matter on appeal.
In going more fully into the cas-
ons why the order to suspend Is not
granted, the commission recites that
1t only ordered verified copies of the
primary, or original accounts, books,
ecords, etc.. OF railroad companies
relating to business done within the
state of Oklahoma.
THE pending litigation in the Fed
eral court says the commission, re-
ferring to the commodity freight rate
orders and &c passenger fare, has
clearly indicated the necessity of hav-
ing the records and accounts of pub.
llc. service companies within the jur-
isdiction of the commission, and leg
ally available for a rigid, painstaking
and honest analysis periodical ex-
animation by state officials is essen
lial 10 safeguard against possible con-
fiscation of property or against un-
reasonable profits.
1T has been confessed by expesi
railroad auditors and statisticians,"
the opinion continues, "Nefore the
commission in oral testimony that the
apportionment of part of the rev
enues and all of the expenses of the
railroads, as between state lines, and
as between interstate and intrastate
is matter of conjecture, that is,
guesswork pure and simple, Verified
copies of primary accounts, If kept
within the state, will enable the au.
thoritios to examine and consider the
vast number of essential factors and
at least make respectable analysis.
A number of public service compan-
les, the commission says, have been
cited to appear for disobeying the
commissions accounting order, and
evidence has disclosed the prime and
urgent necessity for the establish
!, ent OF gene al accounting offices II
the state. After showing that the Ok
lanoma order is justified by opinions
in the Texss, Nebraska. South Dahs
Ia, Missouri and Nevada rate cases
the opinion continues:
THE commissions order does not
require foreign corporation to VIC
late any charter issued by foreign
state, does not contemplate or intend
the establishment by foreign corpora
I ons of executive or principal offices
IN the state of Oklahoma, and doel
not conflict in any way with the re
qnirements OF the Interstate Com
merce commission. 1t merely re
quires the keeping Of verified copies
OF all records and accounts pertaining
10 business transacted in Oklahoma
such requirements being relatively in
expensive as compared with the main
tenance of general accounting offic
es for all business.
"The order does not require an
public service corporation to mail
tain additional facilities, convenient
es or public service in the state 70
the transportation OF persons or proI
erty, or for the transmlssio of In
ielligence.'a
e That section of the constitution NJ
on which the commissions order
based reads: M
Every railroad or other public SER
tcc corporation organized or doin
l., s!rcss in this state under the law
thereof shall have and maintain pu
lie office or place In this state for tl
transaction of its business, wher
transfers of stock shall be made al
where shall be kept for inspection !
the stockholders OF such corporation
hooks In which shall be recorded "
amount Of caDital stock subscribe
the names Of the owners OF stock, Il
amounts owned by them respectivel
the amount Of stock paid. and