119 P. 727 | Or. | 1911
delivered the opinion of the court.
The validity of the order of the Railroad Commission is assailed upon three grounds namely: (1) That the legislature is without power to authorize the Commission to direct the building of new spurs or side tracks; (2) that, conceding that the legislature had such power, it has not delegated it to the Commission; and (3) that the exercise of the power in the present instance is so unreasonable that it is void, or at least that the order should be reversed upon the facts shown to exist.
One of the primary duties, recognized by all civilized governments, is that of providing their citizens with facilities for public travel by means of roads, canals, and other similar structures. In the progress of civilization and the increase of public travel, it became apparent that the public could be better served, and public highways more readily built and operated, by allowing private enterprise to supplement the facilities provided by general taxation,
It is claimed by plaintiff that the community of Eden-bower is already provided with sufficient and adequate service and facilities by the depot and tracks at Rose-burg, a mile and a half away. The Commission has found that a service at that distance is under the conditions, inadequate to the needs of this community. Plaintiff does not claim that it has never furnished any service or fácil
Taking the act as a whole, we are of the opinion that it was the intent of the legislature to cover and include all those duties which a railway corporation, as a trustee of' the State, owes to the public; that the language used is adequate to carry out that intention; and that the order made was one within the power of the Commission.
The proceedings before us show that the investigation was held near the place of the controversy, so that the commissioners had an opportunity, which we have not had, to view the premises. Testimony was taken on both sides, and the request for a flag station was disallowed. It is evident that there was no intent to be oppressive,
It is contended that the construction of this spur, at the point designated, constitutes a danger to public travel. But it appears that other spurs in the vicinity are constructed upon grades no’ less than this, and while every spur and switch on a road tends in some degree to increase the risk of travel, and is, in a remote degree, an element of danger or delay, we apprehend that these dangers are not of any considerable magnitude.
The decree of the circuit' court is affirmed.
Affirmed.