average soil in the Eastern part of the State. Hazel is located between Salt Creek and Mud Creek, the bottoms of both of which, during and after heavy rains become impassible on account of high water, and for some time after the water goes down the bottoms are muddy and boggy, preventing wagons loaded with goods going over the road, and the people are compelled to go a considerable distance out of their way to reach Maud or Konawa, for their freight. The evidence shows that the gin at Hazel would gin about eight hundred bales of cotton the past season, and there is quite a lot of freight, posts and wood, loaded there, and when parties want to bi!! out their goods, they have to go to Maud or Konawa, or get the purchaser to have the cars set for them. The evidence shows that if a station and shipping facilities were given the people of Hazel, it would increase business there and the town would likely build. The Commission is of the opinion that a depot and shipping facilities should be provided for the people of Hazel, and It is, therefore, ordered that the Missouri, Kansas & Texas Railway Company construct and maintain a depot at the said town of Hazel, to meet the necessities of the citizens of said town, same to be completed by August 1st, 1909. Such depot to be built at such a place as is satisfactory to the people of Hazel and the railroad company, and, if they are unable to agree upon a location, same will be made by the Commission upon the application of either party; plans and specifications for same to submitted to the Commission for s approval. Guthrie, Oklahoma, April 2, 1909. COMPLAINT NO. 260. G. O. BRADLEY, ET AL., of Hanson. VS. MISSOURI PACIFIC RAILWAY COMPANY. Filed October 12, 1908. Enlarge and improve, and depot and facilities. COMPLAINT NO. 263. E. J. COYLE, ET AL., of Quay. VS. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY. Filed October 12, 1908. Asking for a telegraph station. Evidence of complainant was heard November 13, 1908, and the case continued to hear the testimony of the defendant. January 14, 1909, defendant filed answer and objections. Case was dismissed on request of complainant. COMPLAINT NO. 268. M. M. HENDERSON, ET AL., of Tecumseh. VS. SHAWNEE-TECUMSEH TRACTION COMPANY. Filed October 15, 1908. Asking for a reduction in the fare on the Interurban between Shawnee and Tecumseh. Evidence was heard on November 18, 1908, and case continued to hear additional testimony. July 10, 1909, additional evidence heard and case closed. October 2, 1909, order issued as follows: CORPORATION COMMISSION OF OKLAHOMA. ORDER NO. 253. M. M. HENDERSON, ET AL., of Tecumseh, Complainants. VS. SHAWNEE-TECUMSEH TRACTION COMPANY, Defendant. COMPLAINT NO. 268. APPEARANCES. For Complainants: M. M. Henderson. OPINION OF THE COMMISSION. By Watson, Commissioner: From the evidence in this case the Commission finds that the Shawnee-Tecumseh Interurban Railway has a line between Shawnee and Tecumseh, a distance of about five miles; that its cars make trips about every hour in the day for which passengers are charged 15 cents per trip. The Rock Island Railway Company has a line of road a little more than seven miles in length between Shawnee and Tecumseh, and charges 10 cents per passenger per trip. The Santa Fe Company's mileage between Shawnee and Tecumseh is about five miles or a little less and said company charges less than ten cents per trip. The Shawnee Street Car Company in Shawnee will carry passengers from the north side of Rose Garden addition to the east side of Oak Park addition, a distance of about five miles and charge 5 cents per trip and makes transfers to other cars in the city; that the Shawnee-Tecumseh Interurban cars are fairly well patronized. Their receipts show the total operating revenue for the fiscal year ending June 30, 1908, to be $59,099.45; total operating expense $35,853.82, leaving a net income of $23,345.63. Interest on bonds. $13,100, taxes $845.00, which would leave a surplus of $9,300.63 for the year ending June 30, 1908, after all expenses, interest and taxes had been paid. That the Shawnee-Tecumseh Interurban Company offered to give the people of Tecumseh and on their line of road a round trip fare for 20 cents, making 10 cents each from Shawnee to Tecumseh, if they would buy tickets and agree to make 24 trips per month, but the people of Tecumseh and those living on the line of said company rejected the offer, but proposed that if the company would make the fare 10 cents per trip and allow them to make as many trips a month as their interests might necessitate, it would be satisfactory to them. That Tecumseh is the county seat of Pottawatomie County and has a population of about twenty-three or twenty-four hundred people, The Tecumseh people asked for a fare of 10 cents each way and they think by reducing the fare to that price it would increase travel an 1 cause many people to build between the two towns on the interurban line. At the first hearing, the evidence showed that the ShawneeTecumseh Traction Company cost in the building of that line $66,666 per mile. The Commission considered that an unreasonable price for such line, and sent its civil engineer to view the line from Shawnee to Tecumseh and ascertain what it would cost to rebuild the road, and his testimony, heard on July 10, 1909, shows it would cost about $21,000 per mile, and a capitulation in excess of $21,000 per mile line is considered unreasonable. The Commission finds from the evidence and from reports of said company on file with the Commission, the receipts of the Shawnee-Tecumseh Interurban Company considering the fares charged in Shawnee by the same company, would justify it in making a fare of 10 cents, and that it would be a reasonable price to charge such passengers for trips between Shawnee and Tecumseh, and therefore orders that the Shawnee-Tecumseh Interurban Company on and after the 15th day of October, 1909, shall make a charge of 10 cents. from the corner of Broadway and Main Streets in the City of Shawnee to the end of its line in Tecumseh, and from Tecumseh to said point in Shawnee, and that a charge of 10 cents per round trip from Shawnee to Benson Park and return, and a charge of 10 cents per round trip from Tecumseh to Benson Park and return. Guthrie, Oklahoma, Oct. 2, 1909. October 6, 1909, motion for new trial filed. April 26, 1910, supplemental motion for new trial filed, on whichevidence and argument were heard. May 11, 1910. Motion pending.. COMPLAINT NO. 269. CHARLES R. FREEMAN, of Checotah, VS. MISSOURI, KANSAS & TEXAS RAILWAY COMPANY. Filed October 15, 1908. Asking for a telephone in station. Evidence was heard November 27, 1908, and an order issued as follows: CORPORATION COMMISSION OF OKLAHOMA. ORDER NO. 138. CHAS. R. FREEMAN, City Attorney, Checotah, Complainants, VS. MISSOURI, KANSAS & TEXAS RAILWAY COMPANY, Defendant. The complainants allege that prior to the first day of March, 1908, the defendant maintained telephone service in the station at Checotah; that since said date the same has been discontinued, greatly to the inconvenience of the public and patrons of the defendant at the town of Checotah. The evidence shows the town of Checotah to have a population of from twelve to fifteen hundred people, and that the defendant had maintained telephone service as set forth, and that the discontinuance of the same greatly inconveniences the citizens of Checotah and vicinity. That in the City of Checotah is maintained a local telephone exchange with long distance service. The evidence further shows that a telephone had been maintained in the depot by the telephone company prior to March 1, 1908, without charge to the railroad company; that the same was taken out because the telephone company demanded pay for the service. The Commission has announced heretofore that telephones in depots where a telephone exchange is maintained in the town is a necessary part of the equipment of a depot for the reasonable use and convenience of the general public. It is, therefore, ordered that the defendant, the Missouri, Kansas & Texas Railway Company, establish a telephone in the depot at Checotah for the use of the general public in communicating with said depot in reference to such business as they may have with the defendant in its public service capacity. That such telephone shall be installed and ready for use by December 15, 1908. Guthrie, Oklahoma, November 27, 1908. January 28, 1909, motion for new trial filed and overruled. February 17, 1909, received from the Supreme Court inandate dismissing appeal. COMPLAINT NO. 273. S. L. ANDREWS, ET AL., Okeene, VS. OKLAHOMA CENTRAL TELEPHONE COMPANY. Filed October 20, 1908. Asking for physical connection. Evidence heard November 17, 1908. December 2, 1908, order issued as follows: CORPORATION COMMISSION OF OKLAHOMA. ORDER NO. 145. MUTUAL TELEPHONE COMPANY, Okeene, Complainant, VS. OKLAHOMA CENTRAL TELEPHONE COMPANY, Defendant. Complaint was filed by the Mutual Telephone Company of Okeene, alleging that it operated a local exchange in the town of Okeene, and several rural district lines; that it had no long distance connection for its subscibers. It further alleged that the defendant operated long distance lines and also a local exchange in the town of Okeene, and further prayed that the Commission require the defendant to permit a physical connection of its long distance lines in the town. of Okeene, and that the defendant accept long distance messages for transmission from the complainant's subscribers on the same terms and for the same price that it transmits long distance messages to its own subscribers or other people. The defendant contends that it operates a long distance ìine together with local exchange in the town of Okeene and that to extend long distance service to its competitor who operates a local. exchange in competition with the defendant's local exchange at the town of Okeene, would be to require it to give to the complainant a business advantage and an inducement that it offered to people now subscribers to its local exchange in the town of Okeene, and that such order would be unfair and unreasonable. Much evidence was heard by the Commission, and it appears that the complainant by reason of operating a local exchange in the town of Okeene, and having many rural district lines, it is desirable for the people in the town of Okeene to become subscribers to the local exchange of the complainant to secure this rural district service. Upon the other hand, the evidence shows it is desirable to become subscribers of the defendant's local exchange at Okeene to secure, without delay, the long distance service of the defendant, which is not available from the exchange of the complainant. The people living in the town and immediate vicinity of Okeene, it is true may be influenced by the conditions above mentioned, yet the farmers and people living a distance using the rural line phone, |