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

Case Of Statewide Interest
Affecting Railroad Depot
Construction

The supreme court met Tuesday af-
ternoon ana following the cali OF t)ui
cases in which the attorneys did not
appear the court adjourned until the
third Tuesday in March
The only decision OF Importance to
De handed down was in the case OF
the Frisco railroad against the cor
nOration commission appealing from
Ian order OF the commission specify
ing the kind oil material TO be used
IN the erection OF a depot az Tanle-
quah. The commission is upheld aud
the order sustained by the decision.
The case is that OF the ST. Louis
land San Francisco saiiroad against
| J ". Sutton ct al. Of TahleQuah ana
the decision was handed down Tues
day morning at the regular session
Of the court In the assembly room Of
the chamber OF commerce
The case has attracted statewide
attention. More than two months
ago, the commission ordered tnat the
railroad company construct a brick
or cement depot at TahleQuah The
railroad company had planned to
laonstlact frame building. The or
der was taken to the supreme court,
Attoney X A. Kleinschmidt appear
ing for the railroad and Attorney
General West for the commission.
The syllabus, read by Associate
Justice Robert L. Williams holds
that the commission may order GER
tain materials 10 be used ii the ex-
pense fund of the railroad will per-
nit the expenditure and it further
holds that the commissions order
must be Just and reasonable as to
the material used. The syllabus gol-
lows:
l. Under the common law a car
rier was under no obligation to pro-
wide buildings for the receiving,
handling and, storing Of freight orI
for the accommodation Of passengers
awaiting passage.
2. BY section 25, article of the
lconstitution of this state, the duty isl
expressly imposed upon every rail
ROAD company to provide and main
tain adequate, comfortable and clean
depots and depot buildings at its sew
eral stations for the accommodation
OF the travelling public
(a) Said railway companies by said
section are further required to keep
and maintain adequate and suitable
freight depots and buildings for lac
receiving, handling, storing and de-
livery Of all freight handled by such
roads
3. BY section Is. article . Of thel
constitution of this state, the cor
poration commission is not only en-
powered, but It Is also made its duty
TO require a railway company to per-
form the duty imposed upon it by
section 2G of said article, the only
Limitation upon the action OF said
commission In such respect, being
that It Shall be reasonable and just.
T. Said commission being so uu-
thorized 10 require railway com
panies to establish, construct and
maintain depots, 1t may, by order des-
ignate the place and after the plans
and specifications are submitted 5yl
the railroad company, il may approved
or reject The same into, OF reject inl
Part and amend in part specifying
The Kind OF material to be used, thel
limitation being that the order inI
that respect must be reasonable and
| Just
The plans and specifications and
size OF the depot being agreed upon
both by the commission and the rail
way company, the only controversies
proposition being as to whether It'll
should be built Of frame, as proposed
by the railway company, or a cement
or brick depot as directed by the cor
lporation commission there being
nothing to show that the income
from the road will not justify such
expenditure ont Of the current ex-
Inense fund Held that the order Of
the corporation commission directing
lit TO be constructed on; OF brick or
cement will moi be disturbed