The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-03-03
SECOND ANNUAL REPORT OF
THE CORPORATION COMMISSION

shippers the carriers duty regarded the affirmative obga
ton carry but this duty depended the fact that carrier
carrying for the community it his carrying for which
made his duty to carry for all without discrimination The public
Of his service gave the duty all alike and like
necessarily requires that the be charged and
the same efficiency oi service accorded to al similarly situated h
latter principle found distinctly expressed in number Of the latter
law cases, and embodied the second and third sections
of the Act"
District Judge Rogers in the OF Harp Choeiaa O.
RI, Co.. IIS Fed 100 in the consideration thereof says:
"A are TO be treated ike If the defendant company
is engaged in carrying coal permitting be loaded in its yards
the stated for person. lawfully deny to
another; but does hold itself out as doing kind of
one has any right complain That what it does for one
it must do for all under like circumstances
The foregoing appeal is reported in Of G. 6 ~, 4o5
Circuit Judge 1hayer the consideration thereof qao fon
the English Orladc North Eastern Ry Co., Is Common
Bench N 50 go which related service wc coal
dealer requested Of the company The sustaining che com
pany refusal Of it said If the privilege demanded by
painan was accorded him. it would have to be accorded to al
other persons and would deprive the carrier Of the benefit Of
arrangement which had devised to insure the safe and convenient
The Supreme Court Of the United States expressed the
idea in the syllabus Of the OF Missouri Pac7c Fdcay Co. "
Larabee Flour Nils Co.. supra, as follows:
mo one be compelled engage the business Of com
imposed on common carriers Even III lne absence q sS@
enactment special contract common carrier bound to treat
shippers alike anl h compelled to perform tins common law
ds;y iy naudaults Al omr proper writ
An IN he oy u le opinion Justice Brewer who prepared
M:9o 10 one can Sc compelled 70 engage business O
suunqe carrieg SET iocs certain duties imposed
ghc DC enforced by anudass oie: suitable remedy th
Missouri Pacific cgagcd the business transferring iron
le Santa Fc track industries located Stafford and conac
90 Cos aft parties except the mill company SO long
n sc IL bond treat all industries at Stafford alke
an Coud cisc do tor hat which was doing o oeFs
No Legislative enactment special mandate om any commission
ar cr administrative necessary for the duy iron
tue TACT ta! was a This lies a the foundation
pf the Iw n carriers Whenever engages III la hs
mess lc obiaion al er,ai service TO all ase and that ohlgao
irrespective legislative action special mandate be cntorcc
by ccarts. II III the future change is :laae =
behalf shippers generally undoubtedly that change can We mad
cha Iu(Q a
disposed OF by well established proposition and thai IS ana
. pass engaging The business Of carrier is bound
all shippers alike and can be compelled to do SO by Hhaa
Iac case % Fgoea Farmers Wacbouse ASSN lu# So .
s. S. M Ry DO, supra altogether similar in its facts 70 th
bar The gist Of the complaint IN that case beng ~ as
by that the defendant refused grant complainant ti
Pyegc and facilities Tor the Shipment OF gram Wh y ~"
conceded other wareousemen at the station The i8cts o
of which grew that on October e 1880 the farwe Farmers
Warehouse Assn organized corporation and on the 2oi dy o
the month made application in writing to the defendant ior sue
which to grain warehouse in which to transact
business defendants right of way Farwel station The defend
ant Internationally refused said application whereupon cop@han
purchased location for grain house adjacent to defendants right
practicable the side track OF the detenda
ard thercpon erected grain house and furnished the sage w
necessary equipment storage handling and shipment Of whcat
ether grain The complainant thereafter demanded OF deeaar
m wiring thar # furnish at its cost side track or spur TO
rail compaants warehouse with defendants main line sde tfac
le defendant likewise refused to comply with this demand Wc
ard gram its rghoway and in connection wass sal
track az They there when complainant maGe
application were operated and conducted in competon wiiN
requiring the company to side track the eesac
the complainant thereby securing the service the Spyem
Court OF Minnesota in its consideration Of the said
Railroad corporations are quasi pubic corporations ana eJo
privileges and franchises granted by the State consideration
the general benefits which c public may be expected to cyiv
from the operation OF the cSs They must therefore, subecs
certain necessary and protE limitations which the law will ecog
nze operated reasonably accommodate the business
ubserye the best interests ol the public One Of the most mrtan
Of these interests agricultural community the marketing anC
transportation Of and the price particular
affected greater less extent by the facilities for transportation
undoubtedly subject proper for legislative cognizanc
essential condition the right Of eminent domain by railroad
poraton that all the people should have the right the road
equal and the policy Of the law not 10 permit such
poraons grant special privileges any persons which denie
others under like conditions This declared by the Act 88
regulating carriers and prescribing the duties OF the Rail
road Commissioners Laws, 1887, subd b. In ou
judgment the following legal conclusion based upon The facts foun
in the warranted thereby and authorized the judgment
appealed from That the defendant corporation refusing the
panan site for its grain house defendants righoway when
the demanded while admitting ether persons and
associations engaged the prosecution Of the class Of business