The Canon City record with which is consolidated the Canon City cannon., 1912-12-19
BRECKENRIDGE
TRAIN SERVICE
is RESTORED
CASE SIMILAR IN 4 WAY TO CAN
ON CITY AND CRIPPLE
CREEK RAILROAD.


ern railway is compelled TO resume
passenger ard freight service between
Como and Breckenridge. The order
OF the state railway commission 5
sustained. as also is the order Of Judge
Rlzer OF the district court, who ruled
that the mandate of the railway com
mission was reasonable.
The high court has sustained the
railroad commission in every case
brought into that court.
There is great rejoicing in Breck-
enridge over the decision. Fun credit
is given in that city to Attorney Bar
ney L. whatley. who prosecuted the
case and who recently was elected
district attorney OF Summit county.
The rulirg OF the court Is OF the
utmost Importance. inasmueh as 1t
sustalns the law creating the railroad
commission. An interesting part or
the decision f. llows;
Duty TO General Public Above Disi-
dend Needs.
.'It may be Cbut we do not SO de-
eide. because not involved. that a
railroad company cannot be compelled
TO build a projected line. That. how
ever. is radically different proposl-
zion from compelling 1t to maintain
and operate a lire which has been con-
structe In accordance with its charter
ana thereafter operated. but which
it ceases to operate in order to reduce
expenses.
1T must be remembered that rail
ways are corporations organized fo-
public purposes. have been granted
valuable franchises and privileges
and that primarily they owe duties o
the public of higher nature even
than that OF earning large dividends
for their shareholders.
The franchise which the plaintiff
IN error obtained by incorporating un-
der the laws OF this state was no;
granted for its profit alone. or that
OF its stockholders. but in a large
measure for the benefit of the public
and while 1t is a private corporation
the public is interested in the busi-
ness In which It is engaged In the
capacity OF a common carrier"
Following is a statement OF the cas-
as presented to the supreme court:
THE South park line had been op-
Grated continuously previous to the
winter OF 191o-1s11 by the railway
company and Its predecessors for
about thirty years. during which peri
cd the services consisted OF not iess
than one passenger train each way
from Denver to Leadvilie and one
freight train each day each way be-
tween the same points.
Denver People Hurt BY Railroad
Ruling.
''In November. 1910. the railway
company ceased TO operate that por.
tion OF its line between Como and
Breckenridge and refused to receive
or transport either passengers ol
freight over its road between thes-
points The service was then limitef
TO combination freight and passen-
ger train between Como and Denver
and similar service between Breck'
enridge and Leadville. In the sum
mer OF 1911 a passenger train daily
.zcspt Sunday, was operated between
Ieadviile and Breckenridge, with Z
stub train between Como and Grant
connecting with a passenger train n
the latter point for Denver. This ser
rice was continued until Januar.'
1919. when the stub train between
Breckenridge and Como was discon
tinued. In the meantime the passen
ger train from Grant to Denver wai
taken on and combination train run
Aetween Como and Denver. The pas
senger service between Breckenridge