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

CONTINUED From Yesterday
need with raffcc Department Of appellant testcs that the
receipts passenger service for the year preceding
Q a and the freight earnings for the period $4,000
ln eossexannatoH this witness admitted that the foregoing
mounts did include the entire receipts from the Companys
properly belonging to Philips that It included only cash
paid by passengers who boarded appellants trains at that place
m station and fares from incoming passengers that did
W include fares Of passengers WHO boarded the train at that place
~ points beyond the adjacent stations who pay cash fares the
TO the nearest station where tickets are purchased to point OF
snaon and furt that did not include all the receipts or
eight which properly Phillips portion OF this freight
delivered Lehgh and Cogate and was credited to those
ations rather than Phillips the only freight delivered Phillips
ing that on which the charges prepaid The Of
vdiona earnings which would properly to the credit OF the
alton Of Phillips il an agent and depot maintained
aown BY evidence and attempt made to show accurately
approximately the thereof did apr lan attempt to
low what expense would be required Of establish and
nan such depot and agent further than that would require
approximately $500 repair and improve the building for depot
In determining whether additional facility shall be required at
station the Of the public patronng the station the
convenene Of the railroad maintaining it. and the expense
eof are all be considered In the bar there is
dence tending show necessity for the depot and agent prayed
NJ 81 the petition On the other hand also evidence tending
rD show that the maintenance Of the depot by appellant will be
tended with inconvenience and expense to the Company
exact business which petitioner insists demands these
ADDITIONAL facilities and the extent Of the additional expense which
pin be ened the railway company to furnish them do not
eary appear from the record upon which the Commission has acted
nd made its order requiring the station e De established ana tne
gent maintained hut the evidence does show that the passenger
afc this point has been sufficient that the company
voluntarily established schedule for the stopping OF six passe
daily receive passengers and to permit them to depart
rom its trains at point The proximity of the other stations and
e access they afford to the public Phillips pon appellants line
oud demand of careful consideration If the duty upon
the determine whether this order should be made
u the power duty Of determining in the first instance whether
additional facilities shall be required Of appellant has been
Constitution imposed the Corporation Commission In
heir Judgment has been repoed the of all discretion the
that their shall not be unreasonable and unjust and he who
Complains Of thc falling within this prohibition, has upon him.
nder the law burden Of establishing appeal such complaint N
ONE o previously pointed out This court cannot take
knowledge Of what will cost appellant to maintain An agent
one and appellant has Offered to what that
will the evidence this the only extra
which this order will incur appellant the epense OF
The and the expenditure necessary to repair and reode IT'S
building so as ID make suitable for depot Appellant
ops trans this station and additional expense neon
Henence will result from the order in this respect
This not order TO establish station The railway company
snne time has maintained prepay freight station Phillips and
Stopped its passenger there The petition and order is for
esrabl of additional facilities station the company has
Established at which town Of 7o people has been built An order
by the Commission showing definitely that the receipts
the Company from this station amount to than $500
month that there other receipts not included in this estimate
which should credited that station and there further evidence
ending to that the establishment of the facilities asked for will
the receipts of the Company that station The Commission
has found necessity for the establishment of depot
OF agent by appellant For reversal of this
order appellant presents this court only the facts that Phillips
miles from station of the Company side and three
miles from station the other and thai the establishment Of
depot Phillips will require expenditure OF from tour to five
dollars end the employment OF agent the expense OF
(which shown Upon this state Of the record we cannot say
the Company will sustain any loss BY reason OF this order OF that
the expense and inconvenience it will incur to the Company viii
outweigh be OF proportion the convenience the observance
of the same will afford the public and the necessity therefor We
therefore, that the presumption OF easonabeness business
Of the Commissions action has been overcome by
appellant and for that the order Of the Commission should
not be reversed.
Kane, c r. Dunn Williams, Turner, u,