Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-04

soably adequate service equipment
and facilities There is nothing in
the language used to indicate that 1t
is intended to apply to places or sta
tions then established or that its ap-
plication is intended to be limited in
any way except by the reasonable
needs of the public. BY Sec 81 Of the
same act (Sec 690S l.. o. ID the
commission is authorized, if it finds
any service inadequate, to direct one
that is adquate. We do not agree
with counsel that the word "inade-
quate," as used in this and other sec
tions, presupposes that some. service
heretofore had been established or
provided at the particular place
which is the subject of investigation.
Counsels proposition is, that no SER
vice or facilities are mot inadequate"
service or facilities, but this method
of reasoning proves either too much
or too little.
1t is claimed by plaintiff that the
community of Eisenhower Is already
provided with sufficient and adequate
service and facilities by the depot
and tracks at Roseburg-a mile. and
half away The commission has
found that a service at that distance
is. under the conditions, inadequate
to the needs of this community.
Plaintiff does not claim that 1t has
never furnished any service or facil-
tiles but insists that it has done
both. The inhabitants of Eisenhower
admit that plaintiff has furnished IA
cilities and that it has availed itself
Of them, but claim that those fur
nished are situated at so remote a
distance from the seat of their indus
tries that they are inadequate We
are of the opinion that the words
adequate" and inadequate facili-
ties" are used with reference to the
wants of a community rather than
with reference to any particular sta
ton. Any other construction would
permit rilway company to build a
cannon ball line through the whole
state and operate it with all its at
tendant inconvenience, without hav-
ing single station except at termi-
nails. 1t may be said that the inter-
est Of the corporation in obtaining
business would prevent it from do
ing this and, in the illustration used
that would probably be the case, but
in an instance like the present one
1t Is quite probable that the COM
pany, in any event, would get the
| largest part of the Edenbower busi-
ness through the Roseburg station
That community would be put to the
additional expense and trouble Incl.
dent to the longer haul by wagon tC
and from Roseburg and the company
would get a large part of the bust.
ness without incurring the additional
/ expense of installing a spur
Taking the act as a whole, we are
of the opinion that it was the intent
of the legislature to cover and in.
clude all hose duties which a rail.
way corporation, as a trustee of the
state, owes to the public; that the
language used is adequate to carry
out that intention; and that the order
made was one within the power Of
the commission.
We will now consider the thirt
proposition, namely: The reasona.
bleness of the order, viewed in tine
light of the facts. The statute pro
vides that such order shall be deemed
prima facie reasonable and shall no
be set aside except upon clear ant
satisfactory evidence. We understand
this to mean no more than that the
commission, being composd of ex-
J perts in the line of work intrusted &c