The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-12-11

commission is very 10th to deprive
any community, or any territory OF
such train service to which it ii en-
titled by reason of it's location, ior by
reason of it's growth and development,
but in the present case the commits
sion has felt the petition should be
granted for the present, and that dur
ing the coming winter months the
company should be permitted to dis
continue a daily passenger train be-
tween Mandan and Mott, and to sub
similar to the service which was in
operation before the installation of
the passenger service.
1.-THE areciprocal demurrage law,
chapter 200; Laws of 1907. provides
that whenever it is made to appear
to the board of railroad commission
ers that the business on any line will
not justify the operation of both pas
senger and freight trains required by
the statute, then the board may per-
nit the operation of a mixed train for
such time as the board may direct.
However, the statute expressly ex-
cepts from it's operation branch lines
that may hereafter be constructed
The object Of this statute is to en-
COu1 dSS LAA6 SAbG1AS1Ou ol " d11C1I lilies
by the railroad companies within, the
state and not intended to hamper the
extension Of new lines into undevel-
oped territory by harsh regulations
the operation of expensive
passenger trains before the business
has been SO developed as to require
them. The Mandan ito Mott line
comes within this exception, and
there might be some question as to
the authority of the board Of railroad
commissioners to refuse this applica-
ton in the face of this statute.
However, we shall not attempt to
decide this question further than to
say that, Notwithstanding this statute,
the board of railroad commissioners is
firmly of the opinion that it has au-
thority to require whatever train
service a community is"'entitled TO,
even though it. calls for a daily pas
.senger train, whether it is q branch
lime hereafter constructed or not, but
in such a case perhaps a much
stronger showing WOULD have been
made, that is, to say, that In the face
Of this statute the commission would
have to be convinced that" the demand
for daily. passenger service under the
circumstances shown, is very strong.
1.-THE controlling feature in this
case is that the present passenger
service was installed voluntarily by
the railroad company, as an expert
ment to determine whether the traffic
upon the new line would be thereby
sufficiently stimulated to justify the
maintenance Of a daily passenger
service, and was not installed by any
order Of the commission, nor in re-
Spouse to any demand by the territory
benefited, and hence the commission
does not feel that this territory is
being deprived of any vested right,
or being set back from any deveop-
ment of progress that it has itself
obtained, ~~.> - " ., ..-,.r ,
TT Is the order Of this commission
that the prayer of the petition be
| granted to discontinue the operation
Of a daily passenger train each way
| between Mandan and Mott, and to
substitute therefor a mixed freight
and passenger train similar to the
one previously in operation, and &C
cording to the daily schedule submit
ted with the application, until April
Is, 1914, at which time the present
passenger service shall be restored"
H. The Stanton Branch.
Another decision of the commission
in relation to- better train service or
the Stanton bronch of the Northern
Pacific follows: -. "'t
petition was filed by a large num-
Der Of citizens of Stanton asking that
a daily passenger train be installed
upon the Mandan to Stanton branch
line of the Northern Pacific Railway
co. The hearing was had upon Nov,
IS. 1913, and the commission care
fully investigated the facts and cir
cumstances in relation to the, mat
ter. e ,~,,s s.si., 20, ~fsg w,
"-"The petitioners assert that. ct: the
| time the line was extended.. into, the
Stanton territory in 1911, they were
SO very, anxious TO see the abroad
| completed into the town of Stanton
before the closing IF the winter, tina,
| they agreed with the officials Of the
railway company that they would not
Insist upon any particular train serv-
ice for two years from that date,
but they now assert that the two
| years are up and that they are en-
| titled to the service prescribed by
law. There seems to be some dispute
as to whether this agreement be-
| came effective, inasmuch. as the rails
| were not actually laid into Stanton
| until the following spring, but assum-
ing that the agreement is of binding
force upon all of the parties, yet the
| commission does not thing that the
two years referred to should expire
until the spring of 1914. at5xa
-H1n view OF Lie 3t4iGl Cd iudllS
mixed train is now being operated
over the Mandan to Stanton line by
reason Of the construction west Of
| Stanton and the moving Of construc-
| ton trains back and forth between
Mandan and Stanton. the need for a
| better passenger service at this time
Is not apparent. However, it is like
ly that in the spring upon the com
pletion of the line west OF Stanton
the regular operation: of trains upon
| an entirely new schedule will come in
to force, ana a pronounced improve
ment will be noted in the train serv-
ice, for which reason the. commits
sion does not feel justified in grant
ing the prayer of the petition at this
time.
However, the suggestion Is made
that the company strive earnestly to
maintain satisfactory time schedule
with its present trains, so that the
travelling public may have q reason
able opportunity to know when they
may look for trains and. to make their
arrangements accordingly,
FIN this case ass in the Mandan
to Mott line, in reference to the ex-
ception of new branch lines from
the provisions of the statute, but the
same reasons apply as were set forth
So 4 -. ~ -#N --p 80 sA4F%k -