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

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transportation transmission commands.
Section is article of hs Constitution does not require
provide such equal facilities and convenince between private per-
sons q corporations qa Disadvantages caused
By dsiniarty If ocaaon
Syllabus BY the cour'3
APPEAL FROM TIE STATE CORPORATION COMMISSION
o Blake III B. Low 'Fa7D F. r Beman Dale Diersr snl Ben
llcger, Attorneys for Plaintiff in Error
Cha. West Attorney General and George A. IIausaw As-
Opinion Of the Court BY
Kane, The Apache Milling Company and the Miller Grain
Company OF Apache Oklahoma filed separate complaints before
he Corporation Commission, which By consolidated
Inc original complaint Of the Apache Milling Company alleges
substance that there necessity for additional sdngs side
tracks facilities upon the c oi the Enid Aradarzo branch o thu
Chicago Rock Island Pacific Railway Company station at
Apache Caddo County, Oklahoma that the complainant corpora
ion organized under the laws Of oklahoma doing business a M
city 81 Apache and has been for than five wears last past
gagged the manufacture and sale Of milling products buyng
and selling grain at s elevator That on account Of Tie yo II
business transacted at the station Apache tho side track Shipping
facilities offered BY the railway company said station totally
inadequate; that at said station there is what is called house
track and one siding the siding being the ory by which pro-
l's shipments gan Oe received or loaded that along said sd
g there are located numerous coal and storage houses stock yards
oaug ground on te cast side o said siding and that IN wet
weather is impossible load ard unload west side Of
sad siding that nearly all times said siding almost entirely covered
~ Is ~ transit ana otherwise and that on account Of inadequate
shping facilities at said station complainant has during ile last
tive years been to vast and altogether unnecessary outlay Of
money III nadg H business here are further allegations to
the effect that the business Of complainant from March 1907 to
March 1908 amounted two hundred and sixteen cars AND this
volume will be maintained in the future years that petitioner for
long time urged said railroad company furnish reasonable
ties which has refused unless your petitioner would pay
railway company from twelve to fifteen hundred dollars which n
Your petitioners judgment unfair and unjust The relief prayel
for that order directing the railway company build
maintain side track up to and adjoining the mill and elevator and
other property OF the petitioner all of which adjacent and adj
joining the right OF way Of said company
The complainant the Miller Grain Company alleges in sub
stance that IS partnership engaged in the grain and elevator
business Apache the State Of Oklahoma that tho elevator
OF said company is built land adjoining The right Of way
railway company, about hundred feet from the
defendant that prior to the building OF said elevator applied
the railway company for permission build he defendants right
of which refused that said elevator had been built about
egnteen months that during that time one hundred and tyFe
thousand bushes OF grain have been handled and transferred de-
endants cars That by permission Of the railway company there
IS an elevator the town OF Apache located on its right Of way
which location gives advantage companats that the
panants have applied Che railway company repeatedly have
switch built and constructed to its elevator which the defendant
has refused to do Companants say they believe they entitled
every privilege and advantage given their competitor and since their
competitor permitted to build on the right Of way o said rail
way company without said elevator company coupanan
think they entitled build hc right of without 70
them The prayer relief that the commission make an order
commanding said railway company bld and
TO complalnas elevator, without cost to conpanants.
After wards the Apacr Milling Company filed a supplemented
petition which alleges substance that they applied the defend
ants right Of way which refused railway conpais
common carrier and has permitted another elevator the
ot Apache o be constructed on c right q way which gives them
an advantage companants and unju and miair
elimination IN e loading and unloading Of grain that the complain
ants are compelled 10 maui their ga to ihe siding 10 wagons and
scoop the grain from The wagon, tc considerable cos
all Of which prevents them from having r competition with the Gle
vaor On the right o The reltt prayed for that the railway
company be required to the charges herein and that after
due hearing and investigation order be made giving the
pannts such relief tie commission may deem necessary
just in the premises
The part OF the Of the railway company necessary
notice here denies has Intentionally Disseminated discrm
mating any shipper shippers and admit that transact
ing business charged by the compannts, railway company
and common carrier and that lis team track facilities have owing
the growth and development Of the and increase of business
become inadequae at upon attention being ceod that
had decided upon Increasing It's team track facilities at that point
furnish adequate loading and unloading track
unloading OF all commodities that may be shipped received and
willing and intends the immediate future extend and in
crease It's track facilities furnish good adj quate
modans for the business that may be reasonably expected with
convehen the public and shippers OF all business that
at said POINT The railway company claims the right proceed
with the making Of such Improvements aad extensions such
w best the interests of the shippers unduk fav-
orng shipper shippers and such plans may be approved
BY the civil engineers having charge OF the construction and
tcnance Of its railway Il denies the right OF any shipper ship
To select particular location convenient for their individual
purposes and comp the defendant by complaint the commission,
and proceedings before IT. 20 accept such location and