The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-25


IN the Of the Peoples Telephone Ca Is Eastern Rqrood Co
1f MuHoa a decided by the Railroad Commission OF Wisconsin
October D. 1908 the Commission in its opinion said
The only telephone facilities that must be furnished by rail-
road such necessary proper discharge OF its duties
carrier With the transaction o. its afiairs with its
employees others when acting in its private capacity the pubc
not concerned In all such matters it possesses the same gs
and enjoys the privileges that accorded private corpora
corporation does extend to or include the management OF its
purely private affairs The distinctions between the acts of public
service corporation when acting its public capa and those when
acting in its private capacity often lost sight Of and as result not
nfrequny conclusions reached the scope Of
avs designed to regulate such corporations
Following the rule laid by the Wisconsin Commission the
only telegraph facilities that railway company must furnish are such
necessary proper discharge OF its duties as common
carrier for the moving Of trains, etc
Now if we're to be insisted that it was necessary to nantain
telegraph station for the purpose of keeping the travelling public
advised of the arrival and departure OF trains determining whether
such order would be just reasonable and correct the passenger
receipts said station would be relevant If further
Of the cao Of freight shipped from said
station was necessary have such telegraph station maintained in
order have expedtousy furnished said station would
follow that the freight receipts from such shipments should be
ered Evidence on points be necessary introduced
and considered in determining the reaonabeness business and
correctness OF such order
The order of the Commission does not however, appeae
been based upon the theory that the telegraph office should be
established facility for the transaction of the business OF the
transportation company but telegraph office for the
the public Nor does appear have een tried the theory
Of requiring the railway company eesabh telegraph service
made requiring to maintain telegraph station for commercial
poses under the record erroneous
Had the Western Union Telegraph Company been made party
this proceeding then the question would arise whether
the receipts from that station in connection with any other proper
matters for consideration sufficiently remunerave to justify
the requiring of the mnanng of telegraph station that point
for commercial purposes
Whilst that public service corporations may be required
render reasonable service for the public that does not that
the public must have service regardless OF whether may
be at loss to the public service corporation.
In the case of Western Union Telegraph Co. Mississippi
Railroad Commission Miss So So TO- opinion delivered
by Chief Justice Cooper May 18TH 1906 held that the
following facts pleaded justified the company disseminating
telegraph office tow THAT its lines constructed and main
tainted and its business carried Mississippi great
bie.he receDs from its business were small and unremuneraye
that large majority Of its offices the maintained under
agreement with various railroad companies whereby the railroad
company maintain the offices and pay the operators and but for this
that Notwithstanding said contracts and its earnest efforts to
economic every consistent with efficient public service for
sometime prior the closing Of said office defendant doing
business in the state at loss owing to the competition with other
lines and owing the tariff established by the railroad commission
other causes that Fayete has arrangement with
the railroad company and could make none and that their receipts at
that office the time closed insufficient to pay the
expenses of keeping open for business and maintained
would be at loss to defendant without its fault and could be
maintained only loss to defendant i'll the expenditure of
and the consumption Of its property for which could get return
Wherefore to require reopen the office would be vove of
the Constitution Of the State Of Mississippi in that would BE taking
private property for public without due compensation 1t is
further pleaded that to require defendant to further keep open and
process of law and oae OF ston Of the fourteenth amendment
Of the Constitution of the United States.
be that under certain circumstances would be proper
for the commission require the railway company maintain
telegraph station certain point the operation Of its business
transportation company where there would be commercial
business That question does appear have been se
ousy raised before the Commission At any rate in this case
such showing was made would justify order requiring the
nananance of such station at Payson.
evidence Offered tending prove he realized from
egaEhc business the town of Pyson for twenty four
Of he Of
such service to show that the tegrap station had been maintained
at considerable during the period Of twelve months prior its
dcontnuance and the expense of maintaining SAID office
competent and should have been admitted and considered by the
commission in connection with any ole- testimony introduced i'll
determining whether not it reasonable just and correct TO
make such order against said appellant had been engaged in the
transmission business atlantic Coast Linz North Carolina Cor
boraior Commission 2o6 y S e. 81 L. M 933 p Snpt Ct Rep
a8s Insurance Co. Wede Wall 43S 20 l. Ed o7 Reagan
Farmers Loan s. Tru Co., I54 u S. 800 3S Ed 1914 Railroad
Commission Cases 16 J. s 3o7 Lake Shore etc Ry Co u.s. Sn
"a T. s Goo; L. s. A. Ry Co. State s. Ark IL, 100 S W. 962;
Ward u.s. Young AZ Ark. 554
In that such cases tried before the Corporation Commissioners
and not before Jury and the record should be preserved in
he SDracf.c w,hcn