The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-01-31


reasonable limitations as TO time, reg
ulations as TO procedure and pfoyl.
sions as 10 costs, as may he pfescrib.
ed by law may be taken by the cor
poration whose rates, charges, or
classitications Of tiaffics, schedule, fl.
c,lItles conYeniences, or service are
effected, Or by any person deeming
himself aggrieved by such action ("
70 tie supreme court y q"
The constitution does not bestow
upon the supreme court the iusisdlc-
tlon to review or re.examne, upon
appeal an order OF this kind
Section 6, Article tx, of the con.
sttutlon of the state of Oklahoma
reads, IN pant, as follows;
~ Every railroad, or other pub
re service corporation organized or
doing business in this state Under the
laws or authority thereof, shall have
and maintain public office or place
IN this state, for the transaction OF
us business, where transfers Of stock
snail be made, and where shall be
Kept, for inspection by the stockhold.
rs of such corporation, books in
which snail be recorded the amount
capital stock subscribed, the names
OF the owners Of stock the amounts
owned by them respectively. the
amount Of stock paid, and by whom,
ne transfer of said stock, with the
late OF transfer, the amount of It's
assets and liabilities. and the names
nd places Of residence of its officers,
md such other matters required by
aw, or by order Of the corporation
commission y"
1t Is, therefore, the organic law
md is mandatory. The words "and
uch otner matters required by law
If by order of the corporation cone
Jission' are directory. The prudence
md Judgment Of tho commission has
leen lawfully exercised IN the case,
nj the requirements of the commits.
ion named in order No, 265 are uA,
remely modest compared with all the
requirements named In tho aforesaid
section G, Article TX.
The commission only ordered yer-
iod copies OF the primary or origin.
4 accounts, books. records. and mem
'I'anda. relating TO business In the
tate Of Oklahoma
Proposed Order No. 5a gave the
substance and was published strictly
according to law, proper hearings
we're held, and the Final 0rdor No,
.65 was published IN strict accord,
nee with The law, and IL the order
> unreasonable, II canuot be appeal
u 10 the supreme court, aud II It
an be heard by the supreme court,
! different procedure must be insti.
lted by the defendants,
The commission believes It's post,
ION In this matter Is well taken, and
he following reasons VIII illustrate
nd show the moral and legal neces.
lily Of this order, and show why su.
,ersedeas should not be granted;
Fftst: The pending litigation IN
he Federal courts has clearly indl.
,ated the necessity OF having the
ecords and accounts Of public serv.
&C companies within the jurisdiction
! the commission and legally avail
'ble for rigid, palnstaking and hon.
'st analysis. A periodical examina.
Ion or auditing By state officials rs
ssential TO Safeguard against pos.
ible conflscation Of properly, or
against unreasonable profits
Second. It has becl confessed by
.xpest railroad statlsticlans and aud.
| tors before the commission In oral
estimony, that the apporlionment OF
part OF the revenues and OF all ex
penses Of the railroads. as between
state lines, and as between intrastate
and Interstate Is matter OF cOnlec
ture, that Is: guess work pure and
simple. Verified copies OF all primary
accounts, II kept within the state, vii
enable the state authorities TO exam
ne and consider the vast number d
essential factors and at least max,
a respectable analysis.
Third. Paragraph IA OF the SAINTS
Fe' bill OF complaint for Injunction
4Case No. 472, in the United 9tateI
circuit court reads in part, as follows
The doing of the state business
cost more than the doing oil the inter
state. The only known way 10 al
v certain the expense OF doing the stat
passenger business Is TO take a care
ful account of the entire business @
be company and It's cost, consistin
of hundreds OF daily Items, and the
10 make some fair. reasonable an
just estimate. To do this work II
telligcntly viii require the examini
ton Of long and complicated account
which ID the province OF this court.
Therefore, 1t il obvious that q
emergcncy really existed and In o
Q der to safe guard The interests Of a
: concerned. the exercise OF tho con
!. Missions discretion was demande'
:. and Order No. 2s5 was issued
i Fourth: A number Of public ser
d Ice companies have been cited 10 sho
|. cause for their dIsobedence Of ii
y commissions accounting Order ~
| 201, In falling to report all revenue
, expenses, and fixed charges. relatlf
J. tn strictly inirastate buslness IN Z
& lahonla. The evidence taken In sur
! cases cle3rle disclosed the prime al
a urgent necessity FOR The cstabllshmc
le OF general accounting Offices IN Il
h- staio OF Oklahoma,
IS Fifth:y Order No 2e5 ig an instr
ID mentality through when the comm
70 sion viii be assisted In solving Il
n many complex problems consrontll
" learned jurists in rate cases, as
O. shown and fully Expressed IN The Il
lCwing cases: Tezae Rate Case /
n L. g. 362. NebFasks Rate Case.
Ia q. s. SAG: South Dakota Rate Ca
JIG II. s.: Missouri Case 16S FEEDER