It is, therefore, ordered and adjudged that the defendant, the Kansas City Southern Railway Company, be fined in the sum of One Hundred ($100.00) Dollars and costs of this proceeding for violating Order No. 198, in failing to file its Tariff No. 1459-B in the office of the Corporation Commission on or before May 20th, 1909. For which fine and costs let execution issue. Guthrie, Oklahoma, Sept. 24, 1909. Sept. 27, 1909, motion for new trial filed, motion granted and case dismissed and order nullified on agreement of defendant to comply with Order No. 198. CITATION NO. 46. IN RE, INFORMATION OF C. B. BEE, VS. ST. LOUIS & SAN FRANCISCO R. R. CO. Filed Aug. 30, 1909, charging violation of Commission's Order No. 198. Sept. 15, 1909, evidence heard and case closed. April 2, 1910, order issued as follows: CORPORATION COMMISSION OF OKLAHOMA. For the Defendant: W. C. Mitchell, Attorney.. By the Commission: This complaint charges violation of Order No. 198. Since the evidence herein was taken the Rate Department of the Commission has advised the Commission that said Order No. 198 is now being fully complied with by the defendant company, and has suggested that the charge herein be dismissed. Wherefore, it is ordered that the charge herein be dismissed. CITATION NO. 47. IN RE, INFORMATION OF C. B. BEE, VS. CHICAGO, ROCK ISLAND & PACIFIC RY. CO. Filed Aug. 30, 1909, charging violation of Order No. 198. Sept. 15, 1909, evidence heard and case closed. Feb. 3, 1910, case dismissed, Order No. 198 having been complied with by defendant. CITATION NO. 48. IN RE, INFORMATION OF C. B. BEE, VS. ATCHISON, TOPEKA & SANTA FE RY. CO AND GULF, COLORADO & SANTA FE RY. CO. Filed Aug. 30, 1909, charging violation of Commission's Order No. 198. Sept. 15, 1909, evidence heard and case closed. April 2, 1910, order issued as follows: CORPORATION COMMISSION OF OKLAHOMA. C. B. BEE, VS. ORDER NO. 301. ATCHISON, TOPEKA & SANTA FE RY. CO. AND GULF, COLORADO & SANTA FE RAILWAY COMPANIES. Appearances: CITATION NO. 48. For the Defendants: J. R. Cottingham. By the Commission: This case charges violation of Order No. 198. Since the evidence herein was taken, the Rate Department of the Commission has advised the Commission that the defendant company is now complying fully with Order No. 198, and suggested that the charges herein be dismissed. Wherefore, it is ordered that the charge herein be dismissed. CITATION NO. 49. IN RE INFORMATION OF C. B. BEE, VS. MISSOURI, KANSAS & TEXAS RY. CO. Filed Aug. 30 1909, charging violation of Commission's Order No. 198. Sept. 15, 1909, evidence heard and case closed. Feb. 3, 1909, defendant, having complied with order No. 198, case was dismissed. CITATION NO. 50. IN RE INFORMATION OF T. A. CHANDLER, AND ATCHINSON, TOPEKA & SANTA FE FY. CO. Feb. 3, 1910, defendant, having complied with Order No. 198, No. 4. Evidence heard from time to time and on Oct. 12th, 1909, case was dismissed on agreement of defendant, the Atchinson, Topeka & Santa Fe Ry. Co. to pay all costs accrued. Oct. 29, 1909, defendant, Atchinson, Topeka & Santa Fe Ry Co. by its attorney S. T. Bledsoe paid costs, amounting to $10.00. CITATION NO. 51. IN RE INFORMATION OF R. F. WOODING, VS. ST. LOUIS & SAN FRANCISCO FAILROAD CO. Filed Sept. 10, 1909, charging violation of Order No. 169. Case pending. CITATION NO. 52. IN RE INFORMATION OF C. B. BEE, VS. ST. LOUIS, IRON MOUNTAIN & SOUTHERN RY. CO. Filed Sept. 10, 1909, charging violation of Commission's Order No. 198. Case continued from term to term and on Jan. 14, 1910, was dismissed, defendant having complied with Order No. 198. CITATION NO. 53. IN RE INFORMATION OF F. J. BRIGGS, VS. ATCHINSON, TOPEKA & SANTA FE RY. CO. Filed Sept. 11, 1909, charging violation of Order No. 10. Oct. 12, 1909, evidence heard and case closed. April 2, 1910, order issued as follows: CORPORATION COMMISSION OF OKLAHOMA CITATION NO. 53. F. J. BRIGGS, Glencoe, Plaintiff, ATCHINSON, TOPEKA & SANTA FE RAILWAY COMPANY, Defendant. Appearances: For the Defendant: S. T. Bledsoe. By the Commission: The complaint in this case charges violation of Order No. 10 in failure of defendant company to move shipment of freight 30 miles per day as required. The record shows that the defendant company filed a demurred to the complaint, which was overruled. s; It appears that plaintiff shipped a bill of goods from Glencce to Randlett, Oklahoma, a distance of 200 miles and that the goods were eighteen days in transit; that the goods were Chirstmas goods. and did not arrive at their destination until the day after Christ that they were billed as "drugs;" that they were delayed on the defendant company's line at several points through inability of the defendant company to relieve a congestion of freight rapidly enough to avoid this delay without violating the Federal hours of service law; and that such congestion of freight was due to the fact that the Cimarron River had washed out 2200 feet of the defendant company's track, repairs upon which were made with all possible rapidity. This statement of facts does not show such a failure on the part of the defendant company as can be construed as a deliberate violation of the order involved in the complaint, and the Commiss.on sees no warrant in the facts for imposing a fine for violation as alleged. Wherefore: It is ordered that the charge herein be dismissed. Guthrie, Oklahoma, April, 2, 1910. CITATION NO. 54. IN RE INFORMATION OF MRS. W. E. WHITE AND MRS. F. E. JOHNSTON, VS. ST. LOUIS & SAN FRANCISCO RAILROAD COMPANY. Filed Sept. 13, 1909, charging violation of Commission's Order No. 4. Nov. 9, 1909, case dismissed, defendants' agent having been discharged and complainants nont having appeared to prosecute. CITATION NO. 55. IN RE INFORMATION OF A. J. TITUS, VS. ATCHINSON, TOPEKA & SANTA FE RAILWAY COMPANY. Filed Sept. 13, 1909, charging violation of Commission's Order No. 4. Oct. 12, 1909, case was dismissed on request of complainant. CITATION NO. 56. IN RE INFORMATION OF C. B. BEE, vs. MIDLAND VALLEY RAILROAD CO. Filed Sept. 13, 1909, charging violation of Commission's Order No. 198. Oct. 12, 1909, evidence heard and case closed. April 2, 1910, order issued as follows: CORPORATION COMMISSION OF OKLAHOMA. ORDER NO. 304. CITATION NO. 56. C. B. BEE, VS. MIDLAND VALLEY RAILROAD CO. Appearances: For the Defendant Edgar A. Demeules. By the Commission: This case alleges violation of Order No. 198. Since the evidence herein was taken the rate department of the Corporation Commission has suggested to the Commission that this order is now being fully complied with by the defendant company and that the charge herein be dismissed. Wherefore: The charge herein is hereby dismissed. Guthrie, Oklahoma, April 2, 1910. CITATION NO. 57. IN RE INFORMATION OF GEO. P. PLAYER, PIONEER TELEPHONE & TELEGRAPH COMPANY. Filed Sept. 13, 1909, charging violation of Commission's Order No. 156. |