FINDINGS AND ORDER OF THE COMMISSION. This is a petition for agent and increased facilities. On November 18, 1908, petitioners filed their complaint, alleging inadequate facilities at Severance. The petition was referred to E. R. Griffin, General Manager of The Great Western Railway Company, and date to answer was fixed for January 5, 1909. At the request of both parties date to answer was postponed to March 25th and further postponed to April 2, 1909. Pursuant to agreement on the part of The Great Western Railway Company to perform the several things as stated in detail in their answer, and the Commission being advised by the attorney for respondents that the work had already been com menced, the petition was dismissed May 3, 1909. BEFORE THE STATE RAILROAD COMMISSION OF COLORADO. Case No. 10. THE CRYSTAL RIVER MARBLE COMPANY, PETITIONER, VS. THE CRYSTAL RIVER & SAN JUAN RAILWAY COMPANY, RESPONDENT. Submitted October 28, 1908. Dismissed February 15, 1909. Discrimination in service. Petition filed October 28, 1908. February 3rd, hearing. February 15th, dismissed. The Crystal River Marble Company claimed a discrimination against them by the respondent railway company in favor of The Colorado Yule Marble Company, in not permitting them the same privileges accorded The Colorado Yule Marble Company, by refusing them the same rights as to erecting derricks, platforms and side-track facilities for the handling and loading of their marble, as were accorded The Colorado Yule Marble Company. FINDINGS AND ORDER OF THE COMMISSION. This matter coming on for hearing this 3rd day of February, 1909, before the Commission, all members thereof being present, the petitioner being represented by B. C. Hilliard, Esq., its attorney, and the respondent being represented by E. C. Stimson, Esq., its attorney, the following proceedings were had: Mr. Stimson, on behalf of the respondent, presented a plea to the jurisdiction of the Commission, claiming the Commission is without jurisdiction to determine the matters set up in the petition or to grant the prayer of relief asked for, on the ground that said respondent, The Crystal River & San Juan Railway Company, is a mountain railway whose principal business is hauling mineral from, to wit, Marble, and supplies to, to wit, the mines and quarries of The Colorado-Yule Marble Company, which said railway owns and operates less than twenty miles of road. It was decided by the Commission to permit the respective parties hereto to introduce their evidence as to the merits of the cause, and that the Commission would decide upon the question of jurisdiction after all the evidence was heard and before passing upon the merits of the case. The section of the statute relied upon by the respondent in its plea to the jurisdiction of the Commission, in our present act, reads as follows: Section 1. That the provisions of this Act shall apply to common carriers and to any corporation or any person or persons engaged in the transportation of passengers or property, or the receiving, delivering, storing or handling of property shipped or carried from one point or place within this State to any other point or place within this State; Provided, however, that this act shall not apply to mountain railroads, operating less than twenty miles of road, the principal traffic of which is the hauling of mineral from and supplies to mines. This Act shall not apply to the ownership, or operation, of street railways conducted solely as common carriers in the transportation of passengers within the limits of cities and towns, nor to the ownership or operation of private railways not used in the business of any .common carriers. It appears from the evidence that the respondent, The Crystal River and San Juan Railway Company, owns and operates a railway between the towns of Redstone and Marble, Colorado, the total length of said road being not over twelve miles; that it carries the United States mail and is a common carrier; that the town of Marble has a population of between seven and eight hundred; that The Colorado-Yule Marble Company and The Crystal River Marble Company ship their product over the respondent railway; that the petitioner, The Crystal River Marble Company, claims a discrimination against them by the respondent railway company in favor of the Colorado-Yule Marble Company in not permitting them, the petitioning company, the same privileges extended the Colorado-Yule Marble Company, in that the respondent refuses to allow the petitioner the same rights as to erecting derricks, platform or side-track facilities for the handling and loading of its marble as are accorded the Colorado-Yule Marble Company. It also appears from the evidence that practically all of the outward-going business of said respondent railway company is the carrying of marble, either dressed or undressed, and that this was the principal traffic of said respondent company during the past year; that practically all of the inbound freight is the carrying of supplies to these quarries, or to the mines and quarries in that region; that the chief business of said respondent company is to serve the development of the marble quarries and mines in said district; that practically all of the inhabitants of Marble are engaged in the business of working in the quarries; that there is no live stock shipped from this point, and that the chief business of the respondent company is the carrying supplies to and mineral from these quarries. These facts above stated, as to the chief business of said respondent, are not denied by petitioner. FINDINGS. The Commission, therefore, from the evidence adduced herein, finds that the respondent railway company owns and operates a railway, less than twenty (20) miles in length; that the same is a mountain railroad, and that the principal traffic of said respondent is the hauling of mineral from and supplies to the said quarries, and that the said quarries are mines within the contemplation of section 1 of the present Act To Regulate Common Carriers in this State. That the plea to the jurisdiction filed by the respondent, The Crystal River & San Juan Railway Company, is sustained, and that this Commission is without jurisdiction to hear and determine the merits of this case. ORDER. It is therefore ordered by the Commission that the petition herein be and the same is hereby dismissed. Dated at Denver this 15th day of February, 1909. (Signed) AARON P. ANDERSON, DANIEL H. STALEY, WORTH L. SEELY, Commissioners. |