The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-24
SECOND ANNUAL REPORT OF
THE CORPORATION COMMISSION

Gray who delivered the opinion OF the reversing the Supreme
station grounds tracks and right of way its private property bu
for the public for which incorporated and may IN ITS DIS
creon permit them 10 be occupied by other parties with structures
convenient for the receipt delivery Of freight upon its railroad
long free and passage left Tor the carriage OF eg
and passengers Grand Trunk Railroad Rcrdo 81 u S. asa
far the railroad company compelled to do SO asns
its will is a wholly different question
Upon the admitted facts OF the bar the railroad com
pany has granted private firms the privilege Of erecting Gle
vators upon its right OF way at LmWood sa ana aa Ieiue
application Of other private persons farmers the nesboroo
for the privilege OF erecting that right OF way third elevator
sufficient capacity 70 store from time 70 une me gram poaue
upon their farms and upon those OF their neglbors
The only particular alleged the complaint and the only o1
therefore presented for consideration in this case IN which the
railroad company supposed to have made an unjust discrimination
against the compliments TO have subjected them to an undue ana
unreasonable prejudice and disadvantages ~ respect 70 alHc ael
other locations to have given an undue ana unreasonable
preference other persons the refusal OF the railroad company
grant 10 the compainans location upon right OF way for the
purpose of erecting thereon upon the and cond
ons upon which had previously aned to other persons sa
nrvlcges TO erect two other elevators The petitioner
we're merely private Individuals Voluntarily associated together TO
their benefit They do not appear to have been incorporate
by the State FOR any public purpose watever or to have themsy
intended establish elevator for the Of the public On tn
contrary their application 70 the railroad company as reted
their complaint the Board Of Transportation only for oea
ton the right Of way Emwood station aforesaid for thu
erection OF an elevator Of sufficient capacity to store from tune
time Tie cereal products Of the farms and easehods OF complain
ants aforesaid well the products of other neghbong farms
"Io require the railroad company to grant to the petitioners
location its right way for the erection II elevator for the
specified purpose Of storing from time TO time the grain OF the
petitioners ard OF neghborng farmers to compel the railroad com
pany against its WILL to transfer estate IN part OF the land Wc
and holds under its charter its private property and for
public use TO an association Of private individuals for the purpose
erecting and maintaining building thereon for storing grain io
their benefit without rescrng any control Of the use OF sal
land or Of the building to be erected thereon the railroad
pany for the accommodation Of its business for the convenience
of the public.
The industries the companants engaged public
enterprises under the laws of Oklahoma they purely private
their nature respect the bar falls fully within tn
rule laid down in the far the right Of the com
panan to the use OF the right OF way Of the railroad company
concerned
We do believe the refusal OF the railway company TO bul
side track its expense the industries Of coupanans
the discrimination contemplated by the constitution section 80
supra provides adequate of overcoming the disadvantage
the companants under by Of their location Section Is
article Of the constitution does require transportation trans
mission companies at their expense to provide such equal ae
tiles and conenece between private persons or corporations as
overcome equaize such dsad yes.
Taking this view of the follows that the order Of tn
Corporation Commission be ycrsed a21 an order entered
this court denying the compliments the relief prayed for
All the justices