The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-03-02


alleging the necessity for depot at the town Of Phillips
THE defendant c1 II answer denying tie necessity io depot
facilities and alleging that The town Of Phillips in close
proximity TO Lehgh and Coalgate.
The heard by the Commission September 1S 1908 and
It appears from the evidence that the Of Phillips 2H
miles IRON Letgh and about miles from Coagae The evidence
further discoses that Phillips of about 75o people and with
the settlement adjoining the outside the corporation
there approximately 1000 people, 1t is further shown that the
defendant maintained agent at the town of Phillips for probably
eighteen months for the purpose of facilitating the conpans business
in the switching of coal which seems 70 have been ~ M
point The defendant also maintained small depot which has
discontinued such and the Commission further finds that there is
considerable business at the of Phillips and goods
unoaded only when the congnee present receipt for the
and often carried by three and four times that the patrons
Of the defendant greatly nonveced and pat unnecessary
expense In view of the fact that ts concentration
point for the shipment Of coal appears that the defendant
maintain an agent at the town Of Phillips without great additional
expense
IS therefore ordered BY Tie Commission that the defendant
the Missouri Kansas Texas Railway Company build and
depot at the town Of Phillips The shall be
ready for operation by the 18th da of December 1908
Said depot be built point agreed upon between the COM
panants and defendant and the of disagreement
location the Commission will designate location of same uIon
application Of either party
Guthrie Oklahoma; October 23 1908
November 1908 motion for new trial filed and ovcruled
November 81 1908, certified to Supreme Court
August 2S 1900 mandate Of Supreme Court received Opinion
of the court is as follows:
IN THE SUPREME COURT OF THE STATE OF OKLAHOMA
May Term, 1900 Filed July 49, 1900.
MISSOURI, KANSAS & TEXAS RAILWAY COMPANY,
Plaintiff IN Error
STATE OF OKLAHOMA, HARRY GREEN. ET AL, Defendants
IN Error
No sos
Admission Of incompetent evidence in proceeding before
the State Corporation Commission require railway company
establish depot agent at one OF its stations not
ground for of requiring facilities and service
where the action Of the Commission supported by other sufficient
competent evidence.
On appeal from m order Of the Corporation Commission the
presumption obtains by Of section article Of the Con
Stton that the order is reasonable just and and he who
complains Of such order has upon him the burden of establishing the
ureasonaben utne or ncorrecness o. such order which ne
may do by showing that the unreasonaen of the order appears
armaivey from the facts certified by the Commission, that
it shown by evidence the record upon which the Commission
failed to make findings OF fact which the Commission
enormously found the facts
g. is a prepay freight station a line of railway,
about 2 miles from regular station side and about miles
from regular station the opposite side 1t has population Of
$50 people, and corporate limits by
consisting cf $50 people, railway company stopped
passenger said station permit passengers depart FROM
and TO receive passengers on its trains The earnings of The company
from the business such station specifically accounted for
exceeding three hundred dollars per month and
shown that other earnings derived by the company from
business this station the exact amount Of which not shown
and that the amount OF business at said station would be increased by
establishing and maintaining depot and agent Upon these facts
the Corporation Commission made order requiring the railway
company to establish and maintain depot and agent at T.
In opposition thereto the railway company introduced evidence show
ing that such order would require additional expense Of four
five hundred dollars to build suitable depot and would require
the employment of agent but failed to stow the expense Of such
agent and failed introduce any other evidence to show hat the
maintenance depot agent could be made by the oompany
only loss Held that such evidence insufficient
the presumption Of easonabene and ustncss Of the order Of the
SYLLABUS BY THE COURT
APPEAL FROM THE STATE CORPORATION COMMISSION
AFFIRMED.
Clifford Jackson and w Alien Attorneys for Plaintiff in
Error.
Charles West and George A. Hensaw Attorneys for Defendant
in Error.
Opinion Of the court by
Hayes il This appeal from order Of the Corporation
Commission ordering and directing appellant to establish and maintain
depot and agent the town Of Phillips its line Of railway IN
Oklahoma The order appealed from made by the Commission
after hearing upon the petition Of appellee at which both parties
introduced evidence support Of their respective contentious The
b, thu r1irh
omiing the caption and preliminary statements, follows
"Ic heard by the Commission September IS 1908
appears from the evidence that the of Phillips about
25 miles from Lehgh and about miles from Coagate The evidence
further do that Phillips town Of about $50 people and with
the settlement ad onng the just the south side Of the
poration there approximately people 1t is further shown
that the defendant maintained agent the town OF Phillips for
probably eighteen months for the purpose OF facilitating the Com
panys business the switching of coal which have been
concentrated that point The defendant also maintained small
depot which has been discontinued such and the Commission
further finds that there considerable business at the OF
Phillips and that goods unoaded only wheE the consgne