The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-28

Opinion Of the court by
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REVERSED.


Hayes j: This appeal is from an order Of the Corporation
Commission ordering appellant establish and maintain telegraph
the Of jennings its line OF railway and that all
passenger trains be uencd as heretofore ordered by the
mission The order further directs appellant repair and put in
scrcate condition swih-ac at said station No objection to
this last provision Of the order has been urged by appellant and Our
consideration therefore will be directed to that portion OF the order
which requires appellant establish telegraph service and to bulletin
its passenger trains jennings The conditions upon Which railway
company be reasonably and justly required install and maintain
Telegraph operator at one OF Its staonS were ed y s eo III
c. r. 6 p Ry Co. State a IO3 Pac or to be- first thai
the safety and expedition of the trains service both freight an
passenger or either require it. or second that the convenience to be
afforded to the public by the railway company the conduct OF Its
freight and passenger service either demands It, NO contention
made IN this case that telegraph operator ana station at jennings
necessary for operation safety and expedition appellants tram
service, that it IS any way necessary to discharge OF the
business OF appellant by its employees The application or the ORDER
based upon alleged facts First that the railway company
under with the citizens OF the town OF Jennings to establish
depot station second that the convenience
travelling public demands The facts found by the Com
mission upon which the order based that the citizens OF the
town Of Jennings contributed Approximately Of four thousand
dollars for purpose building and eqppng depot and depot
facilities defendants right Of way said town. that defendant
maintained telegraph service at said depot for period OF some two
three years after the building thereof but that said service had
been discontinued for period of about five months and station
agent put charge salary OF approximately mryv dollars
MONTH that it would require extra expense OF some twenty
dollars maintain telegraph service and that such service
ably necessary for the convenience OF the travelling prc and citizens
Of place that trains buened because of telegraph
service and e depot b@Ag situated about three quarters OF mile
from town. passengers compelled that distance and at times
wait various lengths of time, from to twelve hours upon
appellants trains which source OF inconvenience the travelling
public
The Commission failed to find either definitely approximately
the appellants freight and passenger receipts at Jennings
make any other findings that would indicate the extent Of tie
passenger traffic said place which demands the services its order
requires Both counsel for appellant and for the State however,
concede in their briefs that the freight receipts at SAID station amount
to between five hundred and eight hundred dollars per MONTH and
there evidence the record in harmony with this concession But
there entire absence Of any evidence tending to show the
passenger traffic appellant receives at TINS place Inc soe purpose
for which this service sought to furnish convenience to the
travelling public 1t conended that it necessary that
will prove any advantage the conduct and dispatch Of the freight
trains So far the record shows the passenger traffic at this
station NAV be one passenger per week five hundred We
know The evidence does establish the fact that Inconvenience
results those passengers paronizng appellant at ennngs
the failure Of the company bulletin its trains and because
passenger generally late but these facts alone
sufficient Upon which to base order requiring the company to
make additional expenditure OF from twenty to twenty-five dollars
per month the absence of any showing to the of such
passenger traffic the of the receipts of the company from
that portion Of the travelling public for whom additional service
demanded
OF this question said in c. RI 6 P Ry. Co. State,
supra;
again where the receipts at such stations will not justify the
installing of such service there being eliminated the question of the
safety expedition the operation Of trains would be
able require such be installed creating deficit such
station be borne by the receipts at larger station except IN
exceptional The patrons large station after the
expenditures reasonable mantanence Of the station and
proper contribution toward the maintenance equipment and operation
OF the line and the paying OF reasonable dend on the investment
entitled if be reasonably practicable reduction in
and except stated unreasonable and unjust to require the
large stations % contribute TO pay deficits at SnaA stations II
sufficient number Of persons take passage station during the year.
that the passenger receipts will justify tie additional expenditure
Of having telegraph office sailed FOR the bulnng OF trains and
reasonably necessary would then be reasonable and just
require If the freight receipts at such office sufficiently
large pay of the station and agent and
contribute reasonable pro towards the maintenance and operation
of the line and in addition thereto pay the additional expense either
solely connection with the passenger receipts to install and
maintain telegraph office for the convenience of the patrons Of said
of said station wien reasonably necessary would be reasonable
d and just, otherwise not"
The purpose of this order the buleining of
appellants trains Jennings for the information and convenience Of
y
bulletin its every station regardless of the OF its
passenger traffic and without regard proportion between the
income of the company from such traffic and the additional expense
such service of the company would incur has been recognized by the
Corporation Commission of this State its general order requiring
railway companies of this State bulletin their trains only those
/ stations where telegraph service has been installed
Appellant conducts its business Jennings expense
of from twenty-five try-ve dollars per month To render the
service required by this order by of the telegraph will increase
o expenses this station from twenty twenty-five dollars per
month"; practically double present expense The only evidence upon
which this additional expense is ordered to be incurred that the lack
norpaon Of the time Of arrival of trains by the public
Inconvenience those board its trains at that station If the
order in this be sustained reasonable and just these
buetnnp