ORDER No. 834.-Cause No. 1989.

Roger Mills Telephone Company vs. Hammon Central Telephone Company. By the COMMISSION: The complaint in this case was filed by the Roger Mills Telephone Company against the Hammon Central Telephone Company, alleging in substance that the Hammon Central Telephone Company refuses to make physical connection with the lines of the Roger Mills Telephone Company; that the result of such refusal to make phyiscal connection has been to force subscribers of the Roger Mills Telephone Company at Cheyenne to use the toll lines of the Pioneer Telephone & Telegraph Company when they desire connection with the local subscribers of the Hammon Central Telephone Company in Strong City; that in using the toll lines of the Pioneer Telephone & Telegraph Company messages have to be routed approximately 150 miles, whereas if routed over the clear wire of the Roger Mills Telephone Company, the message would have to be routed but seven miles; that said refusal to make physical connection has also resulted in rural subscribers of either company being forced to patronize long distance lines when a rural line between the two towns was in operation.

This case was set down for hearing at Cheyenne on March 31, 1914 and at that time it was agreed that the case be submitted to the Commission for its action on an agreed statement of facts, which is in substance as follows:

The Roger Mills Telephone Company is a public service corporation, operating a local exchange in Cheyenne and has rural lines emanating therefrom It also has a toll connection with the Pioneer Telephone & Telegraph Company. The company also has a line from Cheyenne to Strong City. The Roger Mills Telephone Company's rural lines run from its central office iu Cheyenne to the towns of Rankin, Dempsey, Sweetwater and Berlin.

The defendant, the Hammon Central Telephone Company, is also a public service corporation with local exchanges in the towns of Hammon and Strong City in Roger Mills county, with various rural lines connected thereto, and long distance connection with the Pioneer Telephone & Telegraph Company at Strong City. It also operates local exchanges with free toll connections with the towns of Berlin, Roll, Durham, Crawford, Strong City, Hammon, in Roger Mills county, and several other exchanges in adjoining counties.

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In the agreed statement of facts it also appears that the Hammon Central Telephone Company owns a telephone line from the town of Strong City to the corporate limits of the town of Cheyenne where the same connects with a line owned by R. L. Tramwell and has three telephones thereon in the town of Cheyenne. The result of operating this line is such that residents of Cheyenne who may be apprised of the fact may use one of the three telephones and thereby secure free service to Strong City, which results in a discrimination against such residents who may not have access to this line.

In the agreed statement of facts it also appears that the Roger Mills Telephone Company owns a line from Cheyenne to Strong City and this line is hereafter spoken of as the line to be used as a clear wire.

The public would be much more adequately and conveniently served if both these wires were connected with each telephone central at Cheyenne and Strong City. It appears that the service between Cheyenne and Strong City such as is now afforded is what is known as the mutual system and no charge is made therefor. That is, the clear wire of the Hammon Telephone Company from Strong City to Cheyenne connects with certain subscribers in the town of Cheyenne These subscribers can talk to any of the subscribers of the Hammon Central Telephone Company either rural or local without extra charge. The same is true of the Roger Mills County Telephone Company, which also has a similar wire between the two towns. Both these wires should be connected with the central office in Cheyenne and Strong City. If it is de

sired by the complainant and defendant to continue operating these lines locally without charge as to the subscribers of each exchange including the rural subscribers connected therewith, we see no reason why they should not do so.

It is therefore ordered that the defendant, the Hammon Central Telephone Company, shall connect the clear wire of the Roger Mills Telephone Company, complainant, with its exchange at Strong City.

It is further ordered that the complainant shall connect the clear wire of the defendant with its exchange at Cheyenne.

Should further order be desired as to the manner in which these lines shall be operated, the same will be considered by the Commission upon application of either party or the public.

ORDER No. 835. (Modifying Order No. 816.)—Cause No. 2028.
(Reversed, C., R. I. & P. Ry. Co. v. State et al., 157 Pac. 1039.)

ASKING FOR SIDE TRACK FACILITIES.

W. U. Baker, Hobart, Okla., vs. The Chicago, Rock Island & Pacific Railway Co. OPINION AND ORDER.

By the COMMISSION: W. U. Baker, Hobart, Oklahoma, filed complaint with the Corporation Commission against the Chicago, Rock Island & Pacific Railway Company, asking for a side track to be built to his cotton oil mill. Evidence was taken in this case at Hobart on April 24th, which showed that the complainant had put up a sum of $538.00 with the railway company as they had asked for payment of this side track. The railway company held the check for sometime and returned same asking for $150.00 more and for him to sign an agreement that in case the cotton oil mill was destroyed by fire from sparks from engines of defendant company that they would not be held responsible for damages, etc. The Commission does not assume any authority to make an order protecting railroad companies from loss by fire.

The evidence shows that plaintiff has sufficient tonnage to justify the Railroad Company to put in a switch track. Section 33, Article IX of the Constitution of Oklahoma provides that persons desiring switching facilities must pay the actual cost of such.

The Supreme Court of Oklahoma has decided the point involved in the cases of Chicago, Rock Island & Pacific Railway Company v. State et al., 23 Okla., 94; Atchison, Topeka & Santa Fe Railway Company v. State et al., 24 Okla., 616; St. Louis & San Francisco Railroad Company v. Haywood et al., 25 Okla., 417; and St. Louis & San Francisco Railroad Company v. State of Oklahoma et al., 27 Okla., 426; all of which provide that parties desiring switches to their enterprises near the right of-way of defendant companies must pay the actual cost of construction of same. The plaintiff agrees to pay such cost as provided in Section 33, Article IX, and agrees to do the grading and prepare the roadbed in accordance with the plans and specifications furnished him by the railroad company and to fix said tracks for ties and rails.

It is therefore ordered, that immediately upon the said W. U. Baker's having completed the grading necessary to be done for side track sufficient to serve his mill, and having deposited sufficient money in a bank to cover the cost of labor and material for the completion of said track, with irrevocable instructions to the bank that such money be paid to the Chicago, Rock Island & Pacific Railway Company upon completion of the said track, that the Chicago, Rock Island & Pacific Railway Company begin construction and complete said track within twenty days after the beginning of such construction.

ORDER No. 836.-Cause No. 2037.

ASKING FOR RE-INSTALLATION OF INTERURBAN SERVICE TO FORTIETH STREET.

A. C. Plage et al. vs. Oklahoma Railway Company.

By the COMMISSION: In the complaint of A. C. Plage et al. against the Oklahoma Railway Company on account of service to Fortieth street on the Belle Isle line, the complainants and the Oklahoma Railway Company have arrived at an agreement as follows:

"The Oklahoma Railway Company will put on three fast tripper cars, excepting Sundays and legal holidays, southbound from Fortieth street, arriving at the terminal station at approximately 7:25 a. m., 7:55 a. m., 8:25 a. m., and three in the evening, leaving the terminal station at approximately 5.37 p. m., 6.07 p. m. and 6:37 p. m., and running the same at a schedule time of eighteen minutes from terminal station to Fortieth street, stopping only at the following points:

"At the same points at which the interurban cars now stop between terminal station and University station. North of University station as follows: Twenty-third street,

Twenty-sixth street,
Thirtieth street,
Thirty-fourth street,

Thirty-seventh street,
Fortieth street.

"Transfers to be accepted and issued at terminal station, Sixth and Olie, Main and Olie, University station and Fortieth street.

"This order is supplemental to Order No. 436 heretofore made, ordering the Oklahoma Railway Company to stop all street cars at all crossings."

This order is an agreement reached between the plaintiff and defendant railway company and approved by the Corporation Commission and is ordered to take effect on the 25th day of August, 1914.

ORDER No. 837.-Cause No 2079.

Oklahoma Union Traction Co., Complainants, vs. St. Louis & San Francisco Railroad Company. Defendant.

FINDINGS OF FACT. OPINION AND ORDER.

By the COMMISSION: The Union Traction Company operates and electric railway in the city of Tulsa. The defendant operates a steam railway through the same city. The complainant and defendant entered into a contract on the 13th day of April, 1910, by which the complainant constructed the electric railway across the right-of-way and tracks of the defendant. at which time a grade crossing was established, since which the defendant has installed and now has in use a larger rail than was used at the time the crossing was made.

It is conceded by both parties that this makes the crossing unsafe for trains on the Frisco unless the same are operated at a low rate of speed, hence the defendant notified the complainant to repair the crossing. Upon failure to do this, the defendant was notified to remove the crossing; hence the street railway company filed a complaint asking the Commission to require the defendant to join with it in defraying half the expense of fixing the crossing.

As to whether or not the Frisco is liable for half of the expense in maintenance of this crossing under the contract is a question to be determined by the courts. The complainant cannot remove this crossing, neither can the defendant unless authorized to do so by the Commission after the public shall have been given proper hearing.

Inasmuch as it is conceded in this case that this crossing is dangerous

for the operation of the trains of the Frisco Railroad, the crossing must be fixed. If it were dangerous for the operation of the street cars, it would be the duty of the street car company to repair the same regardless of what the contract relations were with the Frisco. If the crossing is unsafe for the operation of the Frisco Railroad it is the duty of the Frisco officials to repair this crossing regardless of its contract relations with the street railway company.

That part of the contract which provides that the crossing shall be taken up, which means that the service on the street railway must be discontinued and the public inconvenienced thereby, is void as against public policy and cannot be carried into effect. That portion of the contract which provides that the crossing shall be put in and maintained by the junior company, in this case the Street Railway Company, is a matter in which the public has no interest and should be determined by the courts as any other contract.

The defendant, the St. Louis & San Francisco Railroad Company, its receivers, James W. Lusk, W. C. Nixon, and W. B. Biddle, are hereby ordered to make all necessary repairs and to do all things necessary to make the operation of its trains safe over said crossing. That this order shall be in fuil force and effect on and after the 1st day of Sept., 1914. If for any reason this road cannot be made safe at that time, the necessary extension for placing the road in safe condition will be made.

ORDER No. 838.-Cause No. 2046.

In re Application of the Midland Valley Railroad Company for Authority to Close its Station at Cartersville, Oklahoma. Not Effective.

ORDER No. 839.-Cause No. 1903.

C. M. Joiner, et al., Joiner City; Complainants vs, Oklahoma, New Mexico & Pacific Railway Company, Defendant.

SUPPLEMENTAL ORDER.

By the COMMISSION: The complainants in this case filed a complaint with the Commission asking that a regular station be established at Joiner City.. At that time the road was not completed through to Ringling and no station facilities beyond Wilson.

The Commission ordered a temporary switch track established for the purpose of loading and unloading commodities shipped in carloads, which would consist mostly of oil well supplies. The case was appealed to the Supreme Court and before decision in that court, Ringling had been established and upon investigation of the engineer for the Commission it was testified by him that Ringling was as close or closer to the center of the oil field than Joiner City. Upon this evidence, the Commission set the former order aside. Joiner City is about three miles from Wilson and about four miles from Ringling. Since the setting aside of the other order various petitions have been filed asking that Joiner be made a regular station.

It is not necessary to go into a re-hearing of this case at this time. All the facts and evidence are now before the Commission. The passenger trains. operated on this road are necessarily light trains and can stop without any great inconvenience. It is the conclusion of the Commission that Joiner should be made a passenger station.

It is therefore ordered that the defendant, the Oklahoma, New Mexico & Pacific Railway Company, stop its passenger trains at the town of Joiner for the purpose of letting off and taking on passengers. This order shall take effect on and after the first day of September, 1914.

It is further ordered that a platform be constructed of customary material for stops of this kind.

Oklahoma City, August 14, 1914.

ORDER No. 840.-Cause No. 1769.

OPINION AND ORDER.

Fort Smith & Western Railroad Company, Complainant vs. Midland Valley Railroad Company, Defendant.

By the COMMISSION: The complaint in this case alleges in substance that the complainant operates a line of railroad from Ft. Smith, Arkansas to Guthrie, Oklahoma, and that the defendant operates a railroad from Hartford, Arkansas, through the state of Oklahoma and into the State of Kansas; that said lines of railroad cross at Bokoshe, Oklahoma, at which point, the defendant owns and operates switch tracks and service tracks to and from certain coal mines, which mines are located near the main line of the plaintiff company; that the plaintiff desires to transport coal from these mines to consumers along its lines; that it had tendered cars to the defendant, Midland Valley Railroad Company, and asked that they be switched to the mines, and when loaded with coal re-set on the connecting track between the two roads, which the plaintiff refuses to do and prays that the defendant be required to switch cars to connecting track of the two roads to the coal mines and when said cars are loaded, to re-set them at connecting track for transportation on the line of the plaintiff.

In the answer of the defendant it is alleged in substance that the Midland Valley was primarily built for the purpose of developing business over its own rails; that to comply with the request of the plaintiff would have the result of turning over its facilities to a connecting carrier without any investment by such carrier; that the switching rates provided in order 440 are inadequate for the use of the facilities and the service performed; that the defendant is entitled to receive its regular percentage of freight accruing on any coal transported from the mines located on the Midland Valley lines over the lines of the Fort Smith & Western and its connecting carriers.

This case was heard sometime ago and the evidence introduced by either side was in support of the contentions as above set forth. The Midland Valley Railroad insists that it is entitled to 30 per cent of the through rate for originating the business; that is, if the rate is $1.00 per ton on coal for a given destination, and the car contains 40 tons of coal, the Midland Valley should have $12.00 for switching the car from connecting track to the mine, and when loaded re-setting it to the connecting track of the Ft. Smith & Western.

Upon the basis contended for by the Midland Valley, the average amount it would receive from each car of coal handled would be from $8.00 to $10.00, while the regular switching charge for the service promulgated by order of the Commission would be $2.00. This is the customary switching charge of carriers for setting cars to industries on their lines, when the cars arrive at point of destination over some other line.

The carriers did not seriously object to the order of the Commission that fixed a $2.00 charge for such switching service inasmuch as all carriers perform similar service for each other. At Bokoshe, the Ft. Smith & Western Railroad Company has no facilities or mines located near the Midland Valley where such reciprocal service can be performed for the Midland Valley. This is an exceptional case. The Midland Valley should not be required to perform this service for $2.00 per car. The connecting track of the two roads at Bo koshe is within the switch limits of the Midland Valley Railroad Company. The Midland Valley is not entitled to 30 per cent of the through rate for the switching charges. It should have twice the usual switching charge for performing this service.

The defendant, the Midland Valley Railroad Company, is hereby ordered to switch all cars from the connecting track of the Ft. Smith & Western Rail