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

APPEAL. FROM THE CORPORATION COMMISSION OF
THE STATE OF OKLAHOMA. IA
w T. Evans E. I Miller and R A. Keinscmidt Solicitors
for Plaintiff in Error.
chas West Attorney General Geo A. Henshau Assistant
Attorney General for Defendants in Error
AFFIRMED
Dunn j. This appeal grows order Of the Corporation
Commission Of the State directing and recurring the Saint Louis
San Francisco Railroad Company establish spur switch
the elevator of complanans from switches line
may practicable where the same are located at Dacom Oklahoma
The facts Of which the controversy grows briefly follows
The complainant the Farmers COOPERATIVE Association
corporation consisting of about forty farmers residing Dakoma
and organized for the purpose Of shipping and handling their
and buying selling and shipping the grain products of the public
that place The defendant company has line Of railway running
through the village and its righoway switch track had
permitted three elevators be erected engaged in the place
and character Of business into which complainant entering and
intended engage Prior to building its elevator application
made by complainant to the company for permission to locate its
elevator the gt-ofway and this switch track alongside the
oner elevators wmcn were mere ts the company apparently w
out denied whereupon complainant purchased lots and erected
its elevator within four feet Of the rghofway at that station and
demands switch track be built thereto at the cost Of the rail
way company basng its claim on the ground that the company
action permitting three elevators occupy side track on its right
ofway engaged in the class and character that of
pnan and after request denying to the same privilege an
unjust discrimination and violation of its duty The evidence shows
concuyy that the action the part Of the complainant III the
establishment an elevator justified by the of grain
grown and and marketed Dakoma appearing from
the evidence before the elevators there
p and were offered more grain than they could handle; that
grain the and there thousands OF bushels the
ground The complainant also showed that by of the dis
eliminating advantages which the track elevators given over
than them handle theirs Under these circumstances the
question arises does the denial of track facilities to
pnant such had been and being granted to the others
located at the same point and engaged the same BUSINESS Dg
the within the of section IS article of the constitution
Snyds Con 23S) providing that the Commission shall have
the power and authority and be charged with the duty OF supervising
panies doing this State all relating the per-
Torrance of their public duties and r charges therefor and OF
correcting abuses preventing discrimination and exor
by such companies and that end the commission SHALL from
time prescribe and enforce against such companies IN the
manner hereinafter authorized such rates charges casscauons o
trac les and regulations and shall require them to establish
and maintain a such public service facilities and conVenenees as
reasonable and which said rates. charges caSsticaons
rules regulations and requirements the Commission from time
time alter amend and subject to being corrected by this pro
eeding compnans remedy out section 49, article
OF the constitution Snyders Const 267 which provides that
Any person, firm corporation owning or operating any coal
oad iron or zinc mine or any saw mill grain elevator other
industry the Commission shall reasonably determine that
the amount business sufficient justify the same near or within
reasonable distance Of track may at the expense OF such person.
firm corporation build and keep repair switch leading from
such railroad such mne mill elevator other industry;
such railroad company shall be required furnish the swhstand
and frog and other necessary material for making connection with
such side track or spur under such reasonable terms ondo anu
regulations said Commission may prescribe and shall make
connection herewith The party owning such line MILL elevator
other industry shall the actual cost thereof II any railroad
company after proper demand therefor is made shall refuse 70
furnish material for making sad connection ana put ue same III
place, after the building OF such SWITCH sa ran or euse 70
operate the such railroad company falling and refusing tor
reasonable time shall forfeit and pay to the party or corporation
aggeved the of five hundred dollars $5oooo) io eaCh ana
every ofense be recovered by civil action any court OF com
tent jurisdiction and every day such refusal the Of the
railroad company operate such switch aforesaid after such
demand is made shall be deemed separate offense'
doubt that complainant would any event be
entitled to switch to elevator if it proceeded under the section
last ouoed the defendant comedies that and insists that this relief
all that lawfully while the attorney general
that the defendant in permitting others engaged IN the same
business enjoy the advantage OF occupying switch on its right
of way has put itself position where cannot deny but must
render similar convenenc to all engaged who apply and that
refusal do where udice follows is an unjust discrnna
ton subject correction order by the Corporation Commission
of the State 49, of article OF the constitution Counsel
for defendant ask the dismissal of the proceeding several
grounds relating the procedure and their claims have received our
careful attention. but no substantial merit IN them Inc
defendant was wise prejudced by any OF these matters; made
no appearance the submitted by witness without
contradiction objection and ample to sustain the order
made the same and otherwise jusitabe Counses Chief
reliance however that the relief demanded falls within the pro-
visions 3 article OF the constitution above noted and
in support thereof cite and rely three cases Cdgo oce and
s. Pacific Rl Co. State d 90 (Oka) 9oI; MT VeWon
Milling Co. u.s. Chicago MluMkee ST. Paul Ry Co., Interstate
Commerce Rep 1914 and Missouri Pacific Ry Co. U.s. State OF
Nebraska er Board of Transportation 1o4 u B. 4o3 al L. Ed
4So These have had careful attention and while they are
all in some respects and similar present the same
facts presented BY the bar Wherein they differ we shall
notice little