The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1914-12-15
]URTA|LS POWER
or COMMISSION
Supreme Court Decision in Santa
Fe Niaduct Case Far Reach.
ing in Effect.
STATE HAS NJ AUTHORITY
Where Safety of Public Is Net
Involved City and County
Secure improvements

Plans of the state corporation com
mission wnicn contemplate the forcing
OF railroads to build yladucts and Inn.
prove grade crossings where the safe
y ot the public seems to demand auch
acuOn, were dealt severe blow nv
nIl opinion OF the state supreme court
Iodhy written by Justice +. Il. Riddle
"heh II granted "A writ Of prohibition
asked by the Santa Fe Railway cotn-
pahJ 10 restrain the commission from
carrying out an order requiring thar
company 10 build yiaduct over lta
tracks IN Guthrie. The court holds
That the commission was without juris-
dlctlOn to Issue the order and that the
writ OF prohibition II the proper rem
edy.
The opinion draws plain line OF
demarkatiOn between the powers OF
the state, M represented through the
corporation commission, and those of
the local authorities. II holds that the
corporation commission is without jur-
lSdi'tion TO order viaducts, grade
crossings or similar improvements
made by railroads unless the safety OF
passengers or freight travelling over
the railroad are involved, otherwise
the local authorities, such as city
councils. city and county commission
ers have the sole authority to order
In such improvements
Case From Guthrie
On June 0. 1911 Attorney General
West filed application with the cor
/ poration commission asking that IL
order the Santa Fe to build n viaduct
over Its tracks In Guthrie and stating
that the crossings especially ON Ok
lah0ma and Noble avenues, were dan.
gerous. The commission after hearing
evidence ordered the Santa Fe to build
/ a viaduct crossing either at Oklahoma
/ or Cleveland avenues and gave the
railroad sixty DAYS In which 10 submit
plans. The railway company appeal
ed and the appeal was dismissed BY
the supreme court. The railway COM
pany then filed an application with The
supreme court for writ Of prphihi-
ti0n which was granted today.
The first two paragraphs OF the
syllabus read: srhe corporation com
mission has such jurisdiction and au-
thority only "A In expressed or BY
necessary Implication conferred upon
n hv the constitution.
The corporation commission has no
Jurisdiction or authority TO require the
performance by railway companies OF
public duties which have no bearing or
relation 10 the transportation Of eth
or persons or property, or which do
not relate in any way, TO the transac-
ton of business by the public with
such railway companies"
The court held that the attorney
general did not show that the safety
~ people or property being transport
ed ON the line Of the Santa Fe through
Guthrie. was endangered by the alb
sence OF an overhead crossing In that
city.
Commissions Field Limited.
The opinion II moist sweeping In
its nature aud while II deals specifi-
cally with yiaducts may be interpreted
to bar the corporation commission
from ordering In grade crossings or
any other improvements BY railroads
which do not affect the general trans
portation business Of such carriers. A
wide field Of activity, which has
been entered upon by the commission
10 h,s gI,.. - h.. 81
and these powers are turned over 10
local authorities
The scope NJ the new court ruling
Is concretely stated In the following
quotation from Judge Riddles opin-
ion: The power should be exercised
IN manner that there would be AZ
little confusion ns possible and with
ont any conflict Of jurisdiction.
The performance Of all public duties
hv railway companies pertaining to
the business ~ transportation eau
he seen NJ n glance hy reason Of not
helng confined 10 amy locality, but gen
eral In It's nature, should he lodged
exclusively IN the corporation commits.
sion Rut on the other hand the per.
formance Of nll such public duties as
constructing public crossings on section
lines building culyerts and bridges
aud erecting and maintaining suitable
crossings whore the track crosses pnb.
lie streets and the building Of suitable
bridges and viaducts, where II relates
In no way to the transportation ~ per.
sons or property and II not necessary