The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-02-25

ing train for the people of Valley City
to the twin cities, but Is of no value
to them as to points west Of h state
line. This leaves but one train, Nos.
5 and 6 to serve Valley City
people travelling to the coast or to
st. Paul. No. s furnishes a morning
train to st. Paul and No. 8 an evening
train.
No. 5 furnishes an evening train to
the coast, but there is no morning
train, and in fact Valley City has but
one train a day to points west OF the
state line. If No. 3 should stop at the
down town station 1t would furnish
a morning train to the coast, and II
No. 4, it would furnish an afternoon
| train to st. Paul and Chicago, n the
commission feels that Valley city Is
entitled to such a service as will be
furnished should Nos. 3 and ! stop
| at the down town depot, in addition
to the present service. This should
infict no hardship upon the company
as they frankly stated at the hearing
that they were opposed to a divided
service. and If they could not secure
an undivided service upon the high
| line they would furnish an undivided
service on the low line, and stated al
so that If they were required to stop
Nos. 3 and they would rather run
II GOWN lillO lllC ely AlAi " " NSA~NN
to maintain an additional station on
the high line.
The question as to what authority
this commission has to require the
stopping Of interstate trains at local
points within this state is one which
we need not discuss at this time fur
Their than to say that the commission
is convinced that the power Of the
state through its Legislature or board
of railroad commissioners to require
interstate rains to furnish local serv-
ice does not depend upon the popula-
ton Of the town, nor upon whether IT
is a county seat, nor upon whether
it is a junction point, nor upon
whether it has a state institution, but
the question Is entirely one as to
whether it has an adequate train serV-
ice. If the needs of adequate train
service require the stopping Of one
or more Interstate trains, the courts
will not hold that this is an ~unneces-
sary burden upon interstate traffic.
However, his commission is an ad-
ministrative board, only, and has no
power to determine questions OF con-
s~titutionality of statutes but must en-
force the statutes as it finds them
It is true that II was attempted to be
stipulated at the hearing that OuI
statute in reference to the stopping Of
trains at county seats, found in the
laws of 1911 chapter 253, is uncOnsti'
t%utional, and perhaps 1t is so, but
the railroad mpan has not seen fl
to question its ConstitutiOnality be
fore the courts and We shall not un'
dertake to determine 1t at this hear.
ing. This statute provides that yer!
railroad shall stop all Of it's passengeI
trains at each county seat WhereVe
a station a been or shall be estab
lished within a mile of the corporate
limits of the county seat, provided tina
the law shall not apply to any pas
, senger train which does not carr!
passengers whose trip both Begin
and terminates within the bOundarie
, of the state, n this law was mad
to TT Valley City, and pursuant to l
the railway company a stopped
trains Nos. 3 and 4 at the high lin,
depot, and trains Nos. l and 2, whicl
do not carry local passengers do no
stop there unless for operative pur
> poses. Under this statute this com
, mission would have no choice an
I could not say that the say railwa!
5 company could be released from stop
ping Nos. 3 and 4 at the high lin
{ depot even If the down town train
5 furnished adequate service for thu
. city, and in any event the order .
the commission must have been tn
same, to-wit: That the present serv
ice be maintained. or that If the com
pany were unwilling to maintain tw,
stations, that trains Nos. 3 and
should stop at the down town station
= In determining this matter this com
mission has assumed theG right of tn
city Of Valley City to have whateve
: train service 1t is entitled to be fur
nished at a down town depot. Thi
must necessarily be so because tn
} high line depot Is not within the cit.
1 limits, and especially so because re
|, vtsed codes 1905, section 4272, pro
) vides that no railroad shall be di
verted from any city unless the sam,
: shall have been sanctioned by a vote o
two thirds of the members of the cit!
council, and this permission hal
, never been obtained by the railwa!
company and this commission has NJ
power to consent to the transfer o
all of the service to the high line II
the absence of such permission
Whether it will eve be mutually sat
isfactory for the railway company Il
transfer its service to the high lin,
and to tear UP it's own town tracks
and station, Is a. question in our opin,
ion for determination on the part o
the parties interested and not for thil
commission to attempt to determine,
This brings us to the question o
the adequacy of the present dowI
town depot which is easily disposed
of. 1t is conceded on all hands tina