The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-10-15
COMMISSION is AGhlAST
UNFAIR SWITCHING LIST
Guthrie Business Mans Flight
Against Santa Fe Gets
Results

Local shippers and shipping inter.
ests OF the state gencrolly are much
Interested IN the outcome OF the cass
"a j. T Bricl,ncr aealnst the SANTA
ne, which was closed Yesterday ~
iernon before tue corporation COM
mission
The ease involves the switching OF
,rieght from the Katy connection 20
The Santa Fe industrial track upon
which the Brickuer planning min Is
located, this industrial track running
llong the side OF the hIl east OF the
santa Fe passenger station. The
planning nil man ordered car Of
nmber from 81 Louis. the shipmen,
rrved III t'ntl lrie aud the Sonta Fe
was nn'i6cd bv the Katy TO switch
he car to the rlaning mill Although
imilar shinmcnts had been switched
or MIR Brlckner by the Santa Fe
or between three and four years, the
lame ol his Industry had never been
isted on the Santa Fe switching tar
u am tlae santa Re refused 10 handle
this shipment giving as It's reason
he fact thai tais industry was not
% listed Attorney rottlngham took
the position that II the Santa ia
should switch this car, the industry
not belhg listed on the switching
tariff the railroad company would
ne IN violation of Interstate com.
nerce regulations and subject 70 pen.
| atty.
One Of the interesting Developments
# the trial was the offer Of Attorney
"ottlngham IN behalf OF the railroad.
- court Yesterday. TO see that Mfr.
l'rickner's industry was listed AT orce
md service rendered as tn the ease
involved and Tor the future Chair
nan Love declared there would he no
compromise Of this case. that the ,or-
ioratiGn commission would NOT ask
he railroad 20 perform service that
q could not compel IL 70 perform,
md that II railroads could By merely
leayiug industries on from their
'witching tariffs DENY industries
iwliching service. aud thereby prac-
ically deny them existence, II was
lmc that The fact was brought out
md remedy secured
Tariffs In Evidence
In behalf Of the plaintiff In the case
and the rights for which he contend.
| d. T. r McKae for the commission
Introduced Santa r. aud other tarIns
fn show that the interstate eOmme<ee
commission had authorized the use OF
arins which conferred authority up
an railroads TO perform service mn
Ter some circumstances for industries
cot specifically listed
These provisions IN the various
arffs were offered ~ tie division SUI
perntenient. Filter and Division
freight Agent Teasdale. Of the Santa
Fe. both OF whom declared that no
nch authority was conferred In the
FOyisiOns offered
kiler's View OF Case
Assistant General Freigti AGENT
Miller Of the Katy. whcn asked OH the
stand for his Interpretation OF the
same provision said that as to hts
own road the provision submitted Was
formulated for HE express purpose
Ter taking care of Just such situations
~ the one involved IN this case. and
That e would 50 constrne the pro-
Visions OF the Missouri Pacific and
Frisco tarins submitted IN evidence.
Assistant Rate Clerk l. Bennett OF
the corporation commission agreed
entirely WITH the view OF Mr. Miller.
All the railroad officials who were put
upon the stand declared that they
Heyer had IN their experience en-
eounlerea or ohsesssl a case lnvoIv-
ine - qucsdon Al Issue IN this trial.
As the determination OF this con-
troyersy means life or death to the
industry concerned aud others in the
same position. the outcome Of this
ease IS a matter Of great public IN
lterest