Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-02-26

hardship up0 the company as they
frankly stated at the hearing that they
were opposed to a divided service, and
4 they could not secure an undivided
service upon the high line they would
furnish an undivided service on the low
line. and stated also that II they were
required to stop numbers g. and 4 they
would rather run 1t down into the city
than to be forced to maintain an ad-
dItlonal 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 dis.
| c,lss Mt this time further han to say
that the commission Is convinced nat
tho power Of the state through its legis-
10 require interstate trains to furnish
local service does not depend upon the
population Of the town. necessarily. nor
upn whether It is q count seat, nor upon
whether it is a junction point, nor upon
whether It has n state institution, but
the question Is entirely ono as to whether
It has an adequate train service. If the
needs of adequate train service require
the stopping OF N or more interstate
trains. the courts will not hold that this
Is an unnecessary burden upon interstate
traffic. -.. ..
However, this commission is an adj
ministrative hoard, only, and has no
power to determine questions Of consti-
nationality Of statutes but must enforce
the statutes as 1t finds them. It Is true
that II was attempted to be stipulated at
the hearing that our statute in reference
to the stopping nff trains at county seats.
found In the laws Of 1911 chapter 253, is
unconstitutional, and perhaps it Is 50.
but the railroad company has not seen
fit to question its constitutionallty before
tho courts and we shall not undertake
to determine 1t at this hearing. This
statute provides that every railroad shalt
stop all Of It's passenger trains at each
county seat wherever q station has been
or shall be established within a mile of
the corporate limits Of the county seat.
provided that the law shall not apply to
any passenger train which does not carry
passengers whose trip both begins and
terminates within the boundaries Of the
state, and this law was made to Mt Val
ley City, and pursuant to 1t the railway
company has stopped rain number 5
and 4 At the high line depot, and train
numbers / and 2 which do not carry local
passengers do not stop there unless for
operative purposes, Under this statute
this. commission would have no choice and
could not say that the railway company
could he released from stopping numbers
3 and 4 At the high line depot even If the
down town trains furnished adequate
service for the city, ana in any event the
order of the commission must have been
the same, tO-wit: that the present SER
vice be maintained. or that if the Goa
pany were unwilling to maintain two
stations, that train numbers 3 and 4
should stop ut the down town station. In
determining this matter this commission
has assumed the right of the city of Val
ley City to have whatever train service
it Is entitled to furnished at a down town
depot. This must necessarily be 50 be-
cause the high line depot is not within
the city limits, and especially so be-
cause Revised Codes 1876, section 1872,
provides that no railroad shall be divert
ed from n city unless the same shall
have been sanctioned by a vote of two
thirds, OF the members of the city cOun-
ell. and this permission has never been
obtained by the railway company ana
this commission has no power to con- |
sent to the transfer. OF, all of the service
to the high line in the absence Of such
permission. Whether It will ever be
mutually satisfactory flor the railway
company to transfer its service to the