The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-24
(Contlnned from Page

Brown Lumber Company and other structures About one hun
d east OF this track is the line Of the right way and along
the Apache Milling Company the Miller Grain Company and the
anterS Cn Company located er respective plants The house
track made by grading the h and
oaded and uoaded the right Of
the east side of this and wagons the side OF IT.
These tracks graded with the main track between the switches
ger but the inter- enng years the water has washed down from
Inc hillside that times of heavy rains the ground between the
main track and this industrial track excee;npI muddy making it
hhcut to unload wagons there conceded by all parties that
The growth of the and surrounding country has made neces
a Tor side track accommodate the business at this point
Prior 20 September 1907 the Apache Milling Company made apph
cation for spur track its industry and the division freight agent
Of the railway company offered track 800 feet long Tor
the actual cost thereof Tie Apache Milling Company declined 20
pay the cost of the track but demanded that the track be constructed
1T the cost Of the railway company did also the Miller Gram Com
pany he railway company refused these demands although recg
nHhS uh more Hde Track facilities at A@e are hcGeal .. m
railway company comedies the necessity for additional public acteS
but contends that Of the extreme grade which would be
necessary on account OF the necessity OF cutting INTO he nS
construct the track anywhere Of the present industrial track
sum OF money therefore proposed TO construct an mdual uaCh
which would be ground when graded nearly level and with
better grade length Of about 300 feet The evidence shows m
the tracks winch companans demand constructed rom c o
70 their industries would cost $285225 and i constructed from e
south $2253o7 and that the additional track which the railway
company proposes construct would cost S332o3 Inc evidence
further shows that the Apache Milling Company has been the gram
business Apache for five years and that for the ending March
1908 they shipped 80 Of grain and out and twenty-five
cars of coal shipped ill., The Miller Grain Company shipment Tor
the ending October 6h 1907 $4,000 bushels or "a cars
Both companies show that they have an expense about
cents per buhe the handling Of their grain than they would
have the Chkasa Milling Company has paid to handle the grain
from a eleyato into the cars and that would equaize this
parity if they had the side track where they demand it. along the line
ordered by the Corporation Commission.
To our mind foregoing facts place the quarey within
the purew Of section 49, article supra The general public not
demanding side track these particular industries, nor IS it clear
that the construction Of such side track would particularly accom-
modae any considerable number Of the people outside Of the com
panants facilitate the prompt safe and impartial performance
the duties to the public at large imposed upon the railway COM
pany The phrase such public service facilities and convencnce as
may be reasonable and just used section IS article OF the
+ constitution everything incident to the general prompt SAFE
and impartial performance of the duties TO the p9c at large imposed
by the State in the proper exercise OF its poce power upon trans
poaio1 transmission companies The supreme Court OF the
United States W M 6 r r JaobSon I70 u s., 287 and
GddSon u.s. Minnesota 100 y S 427 hed hat ne power OF ue
State require facilities for the convenience Of the public is as
broad ample the police power This however, should
extended bring within its private persons or corpora
tons The police power State exclusively for the protection
o the public welfare fairly be invoked except promote
the public convenience general prosperity the public health the
nbc morals or the public safety G. B. s. O. Ry Co. u.s. STATE of
g Illinois, u S. SOL The track demanded IS not to our minds IN
anv sense 0ub track The prayer of the Apache Milling Com
pny that the ordered be so built that will furnish
petitioner reasonable loading and unloading facilities by having
the their elevator and other property The prayer OF
te Miller Company that order be made commanding the
&c said railroad company build and construct switch to copanans
said elevator without the compliments Section Is supra
does contemplate that private corporations may require
Ia said track built accommodate their industries at the cost
of the railway company Such construction OF the section would
work an injustice the railway company well as to the general
public who ultimately would be required TO compensate the company
for Outlay Section 33 completely covers such cases ana
that e section the companan should have proceeded under 70
@ Counsel for the Corporation Commission further contends that
~ the railway company having permitted the Chckasha Milling Ioa
pany locate its elevator upon the industrial track on The right OF
O. Nay and refused to permit the companan to do So bound 70
furnish side the companants places OF business which
are off the wight way order afford them equal facilities with
- e Chkasha Milling Company No. Pac Ry Co. Us Nebraska Io4
In S. o2 which o to be decisive OF the question
M nder considerations that in 1887 the legislature Of
e State OF passeu act creating the State Board OF
TRANSPORTATION giving general supervision OF all railroads operated
m steam in the State One oenbe and others presented com
NIL nant before the Commissioners 1,mandng the right locate and
as erect an elevator the light of way of the Missouri Pacific Rail
vav Co at Emwood station sufficient capacity to store IRON
lime 70 tine their products OF the farms OF companants and
@ eir ehbo and alleging thar the elevators then located the
right of way defendant Emwood were wholly insufficient to
afford market the grain Of compannts and that the refusal
o the railway company lease location to an elevator as aiore
as said was an unjust discrimination against them The Board OF
TRANSFORMATION Commissioners heard the complaint and found that
al + was necessary Of the public and shippers OF
an that another be erected and operated at Emwood
had permitted elevators TO he
& erected upon grounds said station and the same were beng
onratd and that refused the comparants the privilege
fn discriminating against them Whereupon the Transportation
commissioners ordered that the defendant railway company cease
discriminating against corpanants and grant them the right and
elevator its ground and station adjacent
r. e RESPONDENTS The railway company refused to comply
with ts order petition in mandmus was presented to the
cnnrene Court OF Nebraska compel compliance with the order The
q cnreme Court Of Nebraska awarded the perempoy mandanus
la nved for and railroad company sued ou writ OF errof to The