The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-25

1T shown by the evidence that this a cotton market and
that the various farm products shipped from there
onary IN community Of this kind and IS further shown by the
evidence tat the defendant furnish telegraph service other COM
nunl similarly situated and the Commission of the opinion that
the defendants should eeabh telegraph service for commercial
and other purposes and for the purpose buetng the arrival of its
trains as required by the Commissions Order No T.
1T is therefore, ordered BY the Commission that the defendant
the Atcson Topeka Santa Fe Railway Company establish
graph service at the town Of Payson for such purposes as such
service IS commonly used by the public That said service shall be
established by September IS, 1908"
Ls'~. las s~'sEstst
The following assignments of were made by appellant
That said Corporation Commission erred in holding that it
had jurisdiction TO hear and determine the question involved said
complaint and make an order therein.
That the order MADE by said Commission is unreasonable
unnecessary and requires the performance by this plaintiff
OF service which is engaged in that requires to main
tain telegraph service for commercial purposes and thereby
imposes obligation upon outside Of its lines Of business and rot
authorized b. law.
g. That the Commission erred in excluding and refusing to
consider any evidence whatever of the realized from e
graphic business the Of Payson for the twelve months prior
the date Of the complaint and for the twelve months Immediately
preceding the time when said service was discontinued
a. That the Commission erred in making said order in this
because unreasonable oppressive and imposes burden upon
this plaintiff for which receives adequate compensation
and therefore amounts the taking Of its property without due
process OF law within the Of the fourteenth amendment to
the Constitution OF the United States
s. That said Commission erred to the prejudice Of this plaintiff
refusing consider for any purpose whatever n of
maintaining station the herefrom declaring
through its chairman: CAS- stated before don't anything
about receipts or anything about that We are going eliminate
part Of it.
That said order IS erroneous in that it is unreasonable,
unnecessary and unfair this plaintiff in because there is not
sufficient justify the making Of said order that would
justify the maintaining service without regard compensation
T. That said order without evidence to support and it
s That the Commission erred 10 the prejudice Of the plaintiff
excluding the following evidence offered by the plaintiff in
purpose of showing that said telegraph station had been
operated very great loss during the period Of twelve months prior
disconnuanc to-wi "Nlr. Cotngham counsel for the
M aOF
the companants in % Well have record it. You
what the receipts the telegraph business at this station
for the twelve months PRIOR Mr. Love- AS was before
stated don't anything about receipts anything about that
We going eliminate that part Of it, @ The telegraph
service that station the business being discontinued in February
1908 you what the receipts from eegrapc business
Tor twelve months prior the time when the service dscon
tnucda9 Mr. Love: Question objected TO- Mr. Coingham I
would like sayte attorney for the Santa Fe offers prove
what the receipts the station of Payson for the telegraph
business for each month during the period Of wenfou months
Immediately preceding the doontnunce Of the service at that
station Mr. Love: 1T not allowed by the court Exception
taken to ruling by Mr. Cotghan Mr. Love at has bearing
of this all public service corporations by having
monopoly certain special privileges take themselves obligations
the people first and then the making OF money afterwards
That said Commission erred refusing permit W. B.
Frank the following ntcrrogatons proponded to HIM by
which the complainant in error seeking show that the
pelsaon realized from the operation Of said office was wholly
insufficient support the expense thereof towi: Mr. Cotn8am;
." would Ike 10 ak to request him he knows what the receipts from
for tWenyour months prior the time the service was dscon-
nued Mr. Love: "No allowed by the court from the tact that
when public corporation has certain monopoes and certain
privileges other than private persons they must give such service to
the public as reasonable service for the public Exceptions taken
by Mr. Cottngham
10 That said Commission erred in refusing to permit the
witness certain questions showing the expense
OF maintaining said office and the income crefrom which questions
answers objection and exception follows Mr. Etcr have
you taken you informed yourself the amount telegraph
service performed commercial way at the town Of Pason for
each month for twenty-fou months prior the time this office
cosed Mr. Question objected for the reason that all
public service corporations by having special rights their FIRST duty
TO serve the public and the make ad whether they
make money or not they the people Exception taken
by Mr. Cotngham.
H. That said Commission further erred in refusing to permit
w K Eer superintendent OF the plaintiff error to testify
why said station discontinued The offer OF said evidence and
he exclusion Of the and exceptions thereto being follows
Mr. Cottngha "State the the Commission here you
know why the service discontinued at Payson aon? Mr.
owe "Yu need that Exception taken by Mr.
COtinpham.