112 P. 980 | Okla. | 1910
This proceeding was commenced to review an order of the Corporation Commission requiring the plaintiff in error to extend track privileges to the complainant elevator, situated on the right of way of the railway company. The Corporation Commission based its order upon the finding that the complainant was discriminated against by the railway company in not being granted the same privileges on the right of way of the company *425 adjoining its switch track as were granted to certain other elevators already located thereon, and the purpose of the order was to put the parties upon an equal footing. The order required the railway company to pay for extending switch facilities to the complainant's elevator, with the exception that the complainant was to pay for the cross-ties and grading. It is claimed by counsel for the Corporation Commission that the authority to make such an order is conferred upon the commission by section 18 of article 9 of the Constitution, governing unjust or unreasonable discrimination.
In C., R.I. P. Ry. Co. v. State et al.,
Since handing down the opinions in those cases the Supreme Court of the United States, in Mo. Pac. Ry. Co. v. State ofNebraska,
"It is beyond the police power of a state to compel a railroad company to put in switches at its own expense on the application of the owners of any elevator erected within a specified limit. It amounts to deprivation of property without due process of law; and so held as to the applications for such switches made *426 by elevator companies in these cases under the statute of Nebraska requiring such switch connections."
The question involved in the instant case has been passed upon several times by this court, and, now that its decision thereon has been followed by the Supreme Court of the United States, we trust that the Corporation Commission will no longer consider it an open one, and will follow the rule laid down in the foregoing cases in cases of that class that may hereafter come before it. The order of the Corporation Commission is reversed.
All the Justices concur.