The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-28
REVERSED.
Opinion Of the Court by


Williams T. In the cas- Of Wcslcu Union TEL Co. MiSSIs
sbbi Railroad Commission "a Miss So So TO- the third plea
aycrred that Its were constructed and maintained and its bus
ness carried on in Mississippi very great expense while the
receipts from its small pnd rcmerave that large
majority Of its offices the State maintained under agreement
with the various railroad companies whereby the railroad companies
maintain anil the operators and but tor this arrange
ncn would unable maintain its business IN the state that
nows ling said contracts and It's earnest efforts to eeononHe
every way consistent with efficient public service tor sometime
prior to the closing Of said Office defendant was dong BUSINESS N
State loss owing competition with other Ines and OWING
the tariff established by the railroad commission and iron other
that Fayce had no arrangements Wh ee auoaG COM
pny could inae and that the receipts OF that oce ~
the time was closed were insufficient to pay the expenses o Keep
ing open for business and i was maintained Il Woua DC ~
loss to defendant without its fault and could be maintained only
at loss defendant the expenditure Of money and the eonsunp
ton Of its property, for which could get no return Whefeoe
70 REQUIRE to reopen the office would be yoatyc Of the const
luton OF Mississippi that would be taking private property for
public use without due compensation The fourth plea aveed n
addition the foregoing allegations of the third plea that TO require
defendant further keep cen and maintain sad office Woud DC 70
inriyc Of ifs property without process Of law and vioatye Of
section of the fourteenth amendment OF the constitution OIL inc
United States.
general demurrer was mterposcd to each Of said pleas and
the court sustained the The Supreme Court OF MISSISSIPPI III
that case held that facts set up by said pleas and admitted to be
true by the demurrer furnished ample justification for the actions
of the telegraph company p closing its office at faycte
In the Of Chicago ST. Paul. MINNEAPOLIS 8 O Ky Co. u.s.
Becker 81 Fed 1885, Mr. Justice Brewer sitting as circuit Judge
delivering The opinion Of the court said:
1T within the power Of the state directly or indirectly
to put in force schedule o. rates. "lcn thc r5es
will pay the Of service In this case the defendant toQk !"
emo and the companants testimony shows hat the aual cost
1f keeping ue
rack in repair exceeds per by fourteen cents the amount allowed
in the scnedhe as compensation In other words costs the COM
Danan one dollar per to do the work. and
the defendant propose allow to charge only one dollar Inc
State no require railroad corporation carry persons or prop
cry without regard Railroad Commission cases 10 y D 35l
Sup Ct Rep, 344."
In the case of atlanta Coast North Carolina Corporation
Commission 200 T. 2o27 Sup Ct Rep $685. 81 L. Ed 1885, the
court of ultimate resort in this Republic said:
the public power regulate railways and private right OF
ownership Of such property coex and do not the one destroy the
other has settled that the right of ownership OF railway prop
ert like other property rights finds protection in constitutional
and ter wherever the power Of regulation exefted
in such an arbitrary unreasonable way to cause to be
effect not regulation but infringement upon this right OF owner
ship such exeron Of power void because regnnt to the due
process and equal protection clauses of the fourteenth amendment
Tn light Of the foregoing excerpts authority we now pass
question whether not the order made by the CON-
mission in this record reasonable and just
The order recites:
the Commission finds that the defendants
maintain station the Of Ferguson and keep agent there
who performs ali the duties If regular agent other than telegraph
service The commission further finds from the evidence that SHIP
o of grain and cotton greatly disconnected and
It many times sustain loss BY Of the ape OF this service
and that the defendant railroad has been compelled 70 phone other
stations for purpose Of securing orders for trains tied up fo
want of orders at the Of Ferguson It further shown by the
evidence at considerable business the shipment Of various farm
products the Of Ferguson and that the reasonable
necessity of the public requires teegraphic service
Ihe defendant railroad company contends that ferguson as
commercial telegraph station does not sufficient amount 70
enable it to maintain telegraph office that the defendant telegraph
company willing eieg aph service at station where
he railway company maintains operator who is teegrapher
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