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

% If you had gin five miles Of Payson towards Sparks,
would You expect e telegraph compan TO put their wire in there and
furnish operator and furnish telegraph service because your gin
would have other Of finding ont things that other GIN
knew? A. No, SIR wouldn't because there wouldn't be any
station established there and there already established at
Payson and been established for aud the people have
been selling there and have been having good market
there other points therefore would expect the same and
would expect better facilities from the railroad company Payson
than these other points where station has been established
20 Therefore you think that telegraph office and telegraph
station ought be kept there regardless Of what the
what the expense isl A. No. sir, paid them III the past and
should at this time"
% From that ono was kept there one two or three
years loss YOU think they ought to keep up the loss? A.
No. sir think the town growing and the fact that you want to
establish what the bsne the past would be evidence
because Oklahoma towns Con- stand still and the business has
increased and what does indicate what will be in
the future
Attorney General % What do You by dis
elimination was discrimination favor of community against
another community provided the Constitution shall be done:
A. Yes, Sir, that is what had reference to-.
w K. Encr, witness for appellant tcsti". as follows
Counsel for Appellant: @ What is your business? \
Superintendent Of the Oklahoma Division Of the A., r. S. r.
Railway"
O. As superintendent do YOU have control over the lines from
operating standpoint Payon, Lincoln County Oklahoma? A.
Yes, sir"
@ will ask you Mr. Eticr # the Santa Fc Railway Co..
defendant herein in sense engaged in the commercial telegraph
business? a. No, sir
@ will rk you if you have anything doif the railway
offices? A. No, sir not to my knowledge
% Do you know how far north it is to where commercial
telegraph office maintained from Payson2 A. ismy ecolcc
ton is that ii is four and ninc-tcnhs miles
20 To what station? A. Sparks"
C. Is telegraph service maintained there? A. Yes sir"
% All the time? A. Yes sir"
% How far south from this station Of Payson where
commercial telegraph office is manancd A. About SIX miles
as
business hours for 5usincss3 A. Yes sir.
% So that live miles one way and six miles the from
Pon there maintained commercial telegraph offices to handle
commercial business? A. Yes sir
% Mr. Eur have you taken or have you informed yourself
as to the amount of telegraph service per ome in commercial way
the OF Payson for each month for twenty four months prior
to the time this office closcd?
Mr. Love Chairman Question objected for the that
all public service corporations by having special rights their first
duty the public and the next to make money and whether
they make money or not they must serve the public
Exception taken by counsel for appellant
Mr. Frank % Does the Western Union continue telegraph
service railway station after the Santa Fe Railway Company has
Withdrawn their telegraph service? Mr. Eter: "a don know
whether they do or not
Mr. Frank: % Is the distance from Paysou to Sparks of
four and nne-ten mile by rail road Mr. Eter: a. BY rail
Mr. Cotngham 90 State the reason to the Commission here
you know why the service was discontinued at Payson staton
Mr. Love Chairman: you need not answer that"
Exception taken by counsel for appellant
Cross-examnation by Assistant Attorney General Q Who
discontinued the service you the Western Union? A. closed
the railroad telegraph office
Assistant Attorney General q want to introduce copy Of the
file with the Commission showing that the telegraph lines
OF the Santa Fe jointly owned by the railway company and the
telegraph company (The record does show however that any
copy OF such contract inroduced)
Mr. Parne % There other question: and that to the
effect when the operator agent Pson receives order for
that place and to wire he has that privilege to
do that
Mr. Love Chairman: "You have law ordering if
haven't copy Of furnish you with that That obvaes
that trouble and whenever they violate that law which this Commission
made here then you make a complaint
Mr. Frank: "The agent at Payson can't furnish
short notice the time they ordered by the shipper Sparks
and Mee<er, which are telegraph stations.
Mr. Love Chairman you have demurrer order so by it
wouldn't any figure You vii, be furnished with copy of that
law made by the Commission"
The foregoing comprises all The evidence upon which said order
made
Thereafter 5Ist day Of August A. D., 1908 the Com
final tvir in