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

WHICH provides hat VIZ 81 mafamus may b issued 70 any cor-
cay cjo duty certainly confers te complainant the
right 70 resort to this py he desired state 81 yr Grady rs
Chicago M " r. CA, 7o Wis., 259, Ea + r A. Iso Boggs
The {. B. S O. CO.. 54 Iowa 1876 but il judgment this
remedy was exclusive STATE Mason Ciy n D. Co. 81
careful review Of the provisions or the constitution taken
conjunction With the Of The sought be performed in
judgment shows that i also vests complainant thc right 70
the crossing desired See 49, Art OF Sdcrs
Annotated Constitution Of Oklahoma portion Of the powers
conferred cn the Corporation Commission as follows;
Jhc Commission shall have the power AID authority and be
charged with the duty Of supervising regulating, and controlling all
transportation and transmission companies doing business ts
State il all matters relating 70 the performance OF their pupic duties
and their charges therefor and Of correcting abuses and pevehg
unjust discrimination and extorton by SUCH companies
II the claim Of plaintiff that the authority and uris
dcion therein conferred Sufficiently broad 70 cover The sab
cct discussion 70 minds however this connton i h
tenac for we believe that giving due weight e the authority c9l
crrcd The phrase giving the oE correcting abuses
The Commission vested with jurisdiction The failure ana
refusal of this company comply with is statutory duty OF providing
safe adequate crossing its line Of road where II
shown that the crossed the land Of complainant whose land 9a
both sides of the such denuncya
abuse II this true is easily the said phrase so
contained this section Of the constitution absolutely WIN aN
force or meaning for all the power that tho Commission aa spn
such phrase certainly conferred upon in the language @e
2rt % and See Of the Constitution Of tie stse Oh Gsya
empowers and directs Legislature Of that State enact mws %
correct abuses Of the different railroads in the State anl t G@s
Ito 's conferred BY the lesisufe 90 te Ed
Faiiro ID CuhuatAf Texas rs ApeM 81 Tfasf e. s &C.
grxa 4o leld e ~ construction - aa ia VrGuw aSt'
WtB Che 50 as af va
sirQn i ac rose tafc therAs agr scg ar y stsss
Poaon of tic regulations o. cight isss pHsHt sFe s ts
consideration o Ihis question ustce litHN N bh b@ @s t%
opinion dis ,nscd if as follows:
l thrascs fe legislature s.a st,ss as Ftr gailIoad
Freight passenger Tariffs aa pstuet rtast dIscrFn
aaaou and cx.oroh the frcgh and pasge i7rffs
different railroads his State etc, do Rciass slusfey and
dreclg tc subject Of rates and embrace all c sgfy WHICH
coue he exercised to accopsh those purposes aNee ce "
aynascs occur the following words: To alSaaFa whis ID
conSucd relating to the subject can ADD n0Npg % lc
scDncc because the entire subject OF freight and Nsa tariffs
wasr
abuses embrace everything wht IS SSpress M it
anptapc chat precedcs and that which follows IT. ba y cS
more give fleet to em we must hold ta they WeFF nea
to have the full force Of their ordinary nearing
In order ascertain what the intention ut the people w7 " as
ing the constitutions its language, besng 80 Na
that legislature submitting the resolution and nA eos -
voting upon IL were dealing with public highways and c@R 7F
ric, corporations invested with franchises and pTrle cEs
from the State and charged with duties to the public M wa
abuses used in this anicnlmal means any mpofEgS
RIGHT or privilege abuse of franchise Standard E#GRy-
Abuse Railroad Cc 7s Casey 2o.fa s 3l8 Lhe Language t
Legislature shall pass as correct abuses competent ~ cN
Va command to the legislative department e pa laMs ag Z
reon Of all abuses improper uses OF the franchise when s
granted might be granted to railroads IN h stale as s
all abuse connected with growing ont q business ~
the exercise of such franchise he conclusion haf ne gs
and people intended by the Of this language 20 dreet %
general Of the public highways and common cr{ e
State to prevent their abuse Of the privileges am ifaN
conferred upon hem think justified BY the condts2g g
subject necessities and circumstances which 9suca t5
action upon the part of the people TO have confined i cpi-
uona amendment to character Of abuse and to have laed s
General ranoe o hc authority to control these highwsss think
of adequate provision protect the interest Of the public
Art 4562 Revised Statutes reads follows The power AMI sl
y is hereby invested in tile Railway Commission Of leSas an
IS hereby made it's duty adpt all necessary rates charges 2
regulations govern and regulate freight and passengr sans %
power to and prevent unjust discriminatory nd ~
on N rates Of freight and passenger tariffs the dirre mil
roads III this State by these provisions the Legislature Raa @
td " tn Railroad Commission the enforcement Of a
i ,h ctte concening and regulating railroads and ls
statute which created the Commission, copied almost rEss &
language OF ID Sec 2, Of the constitution IN whcb
Z & ec;ficalv t the Commission TO correct abuses NNgAg
language that used III the constitution f- l W.
same connection we conclude that the legislature mtendS sy
M 5alnas - = eyaive agency and language OF SA
% bno conf;ned "a Correcting abuses in the rates az Gight
@ 1nar ar we hold that the power here confe1 The
% be Commission empowers to correct atug other
tban those which may be connected with the rates OF and
passenger tariffs. M
While is that delegation OF power conierT aP%on %
ard or Commission will not be extended by implication and that
the authority perform any act should be clearly expressed bomo
Of loroad Commissioners Oregon e Ma Co ~ Ore oa
2I A. 1885, still in Judgment the character Of tne eSeve
power conferred upon the Corporation Commission was not suen as
cod Be stated in ezed limits bat could be expressed only ~