The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-24
The SECOND ANNUAL REPORT OF The CORPORATION COMMSSONF

additional tracks thereon for The special convenience Of such selecting
The reply to the answer alleges in substance that the cxten-
SION Of TIE delivery track proposed BY le railway company o
eated at an inaccessible a for the petitioners and Ter The general
PUBLIC and would not add any material convenience the Shipping
bac That the place most accessible and most convenient the
susceptible nud and other mpassaDe obstacles that
round the track beng used for m purpose The PRAYER TO this
reply that the railway company be required build its additional
team tracks the sid, OF the right OF way Upon the issues
thus Joined, the cause proceeded to trial
After hearing the evidence addud the parties support Of
their c0nttons the Corporation Commission made the io
lowing order On the 9th day Of May coming be heard
the complainant represented by Geo a. Heismw Assistant At
iomy General and the defendant by L O. Blake Attorney
admitted during the progress Of the trial BY the defendant that
switching facilities at tle town Of Apache were inadequate and in
sufficient the peope Of Apache and yincnty Il
WAS further established that the location Of the switch Apache
low ground and was nconvcncnt to pers In loading and
unloading Of mud and that the commission finds
that the extension Of the present switch either direction both
directions would not give the proper relief and finds from the e
den that switch track should be built said ground and along
the cast ne Of the right Of way depot grounds in the
Apache ndi ated by yot line the blue print submitted by
l hereby ordered by the Corporation Commission OF tie
State of Oklahoma, that the defendant The Chicago Rock Island
Pacific Railway Company, build and operate switch track i'm
INC town OF Ach on the cast line o. the depot ground and right
p way oi SAID defendant by yellow Inc on blue print heretofore
a above indicated by the first day Of August 1903 is 50 or
dercd
assigning various grounds OF error The principal contention OF
counsel is ta all the power the Corporation Commission possess
particular the
"a hc constitution winch PROVIDES m part that Any person.
firm corporation owning operating any coal lead
mine any mill grain elevator other industry wcne~r
The Commission shall reasonably determine that the amount Of bus
ness sufficient to justify the within reasonable
distance Of any track may the expense Of such person firm
corporation build and keep in repair switch leading from such
railroad such mine mill industry
railroad company shall he required furnish the switch stand and
frog necessary making connection with
side track spur under such reasonable terms conditions and reg
ulatons the sad Commission may prescribe ard shall make
nec3a herewith ne party owning such Inc saw mill elevator
other industry shall pay the actual thereof "On the other
hand tc Assistant Attorney General ms oral argument and
printed brief quite that the Corporation
COMMISSION had authority 10 make the order complained Of that
sHch authority derived from seelon Is article OF te Constitution
which provides part tat The Commission shall have the power
and authority and be charged with the duty Of supervising rcgua
ing ana controlling all transportation and transmission companies
doing business this in all matters relating the perform
of their public duties and their charges therefor and of
Tcctng ab and preventing unjust discrimination and extorcn
b. such cmpanc and 70 that end tho Commission shall from
time prescribe and enforce against such companies the
manner herein authorized such rates charges casscaon of traf
c rules and regulations and shall require them TO establish an1
maintain all such public facilities and conycncnees as may be
lust which said rates charges cassifcatons res
regulations and requirements the Commission m from time 10 e
alter amend al charges and rcgua-
t1n adopted or acted upon by any such company inconsistent with
shall be raa u void The Commission shall also have the right
at all times TO inspect The books ard papers Of all transportation and
from such companies iron time to time special reports and
ncn under oath concerning ter basn shall keep itself fully
as to the which they operated with reference the
security and accommo aon the public and SHALL from time
nay be necessary prevent unjust unreasonable discrimination
and cNtoon By any transportation Or ansm company favor
Of against any person locality community connecting line kind
q traffic 81 the matter oi ear service tram Or boz schedule efficiency
o transportation transmission, otherwise connection with
hc public duties Of such company His contention his
brief s that The eause and shall require them establish anil
maintain all such public scnire facilities ani may
lc bic and just and clause from time time m:
and enforce such requirements rules and regulations may be
csSary prevent unjust unreasonable discrimination cxoon
BY any transportation o Transmission compry favor OF against
any person locality community connecting line. kind OF traffic
in the matter of service tram boat schedule efficiency Of
poaiou transmission otherwise, connection with the public
lcs such COMPANY The word Otherwise thar clause GER
am all determinations that may be the result Of any action
the part Of those charge public service utility whether such dis
be direct Indirect any ayosn grow ont Of
the and privileges extended to shippers by which such shipper
receives advantage other shippers who denied this
privilege, 5 a discrimination
It is obvious that the original complaint OF the Apache Milling
Company docs not state facts sufficient ent the relief prayed
for under Section S article and its amended complaint
the complaint Of the Miller Grain Company based ur2n the theory
hatthe refusal OF the railway permit them their
places Of business upon lis right way, and having permitted
another do constitutes discrimination against