Choate v. Illinois Commerce Comm'n
| Decision Date | 04 October 1923 |
| Docket Number | No. 15369.,15369. |
| Citation | 141 N.E. 12,309 Ill. 248 |
| Parties | CHOATE et al. v. ILLINOIS COMMERCE COMMISSION. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Proceeding by the Smith Bus Line, Inc., before the Illinois Commerce Commission for a certificate of convenience and authority to operate motor vehicles over a certain route, opposed by Joseph K. Choate, receiver, and others. An order granting the certificate was confirmed by the circuit court, and the receiver and others appeal.
Reversed, and order set aside.
Appeal from Circuit Court, Kane County; Adam C. Cliffe, Judge.
Alschuler, Putnam & Flannigen, of Aurora (Glenn T. Johnson, of Aurora, of counsel), for appellants.
Edward J. Brundage, Atty. Gen., for appellee.
Frank A. McCarthy and J. V. McCarthy, both of Elgin, for Smith Bus Line.
The Commerce Commission granted a certificate of convenience and necessity to the Smith Bus Line, Inc., and on appeal the order of the commission was confirmed by the circuit court of Kane county. This appeal followed.
By virtue of the order of the commission the bus line is authorized to operate busses over the paved highways of the state between Aurora and Elgin. This territory is now served by the Aurora, Elgin & Chicago Railroad Company, which furnishes an electric interurban service. The territory has a population of about 100,000, of which 40,000 is in Aurora. About 7 miles north of Aurora is the city of Batavia, with a population of 4,000. Between these cities are Lovedale, North Aurora, and Mooseheart. Three miles north of Batavia is Geneva, the county seat, with a population of 3,000, and 2 miles north of Geneva is St. Charles, a city of 4,000 population. Elgin, with its 30,000 people, is about 8 miles north of St. Charles. Between St. Charles and Elgin are Coleman and South Elgin.A state hospital for the insane is located at Elgin, a state school for delinquent boys at St. Charles, a state school for delinquent girls at Geneva, and a home and school for children of Moose at Mooseheart, about a mile south of Batavia. Fox river runs through all these cities and villages, and the railroad and the paved highway practically parallel the river. For all practical purposes the proposed bus line will serve exactly the same territory that is now being served by the traction line. Between Batavia and Geneva, the traction line is on the west side of the river, and the bus line will run on the east side. The people in East Batavia are now required to walk about half a mile across the river to the railroad station. On the highway between these two cities are 3 farmhouses. Between St. Charles and Coleman the traction line is on the east side of the river, and the bus line is to operate over the paved highway on the west side. There are 20 farmers living along this highway and 17 of them have automobiles.
Ten witnesses testified that the interurban company provided inadequate service; that the cars were crowded; that persons employed in the factories located in the valley were compelled to crowd into the cars going to and returning from their work; that often they had to ride on the steps and on the fenders of the cars. Five of them testified that there was an interruption of service every time there was a storm; that there were frequent interruptions due to lightning, and that every snowstorm stopped or delayed the cars. Fifteen witnesses who used the service daily testified that the service was good; that except at rush hours there were plenty of seats for all of the passengers; that extra cars were provided at rush hours, and that there were usually but a few persons who were compelled to stand and they only for a short distance; that interruptions in the service on account of storms were very rare; that special cars were always provided when special occasions demanded extra service. There is no evidence that a complaint was ever filed with the Commerce Commission, or that the commission was ever requested to order the receiver to provide more adequate service. Below we give train schedule showing 22 trains operating daily from Aurora to Elgin and practically twice that many trains operating from Aurora to Batavia:
+--------------------------------+
¦Service Aurora to Elgin ¦
+--------------------------------¦
¦Daily, Except Sat. and Sun. ¦
+--------------------------------¦
¦Leaving ¦Arriving ¦Arriving ¦
+----------+----------+----------¦
¦Aurora. ¦Batavia. ¦Elgin. ¦
+----------+----------+----------¦
¦5:30 A.M. ¦5:54 A.M. ¦6:48 A.M. ¦
+----------+----------+----------¦
¦5:40 A.M. ¦6:04 A.M. ¦ ¦
+----------+----------+----------¦
¦6:00 A.M. ¦6:25 A.M. ¦ ¦
+----------+----------+----------¦
¦6:30 A.M. ¦6:58 A.M. ¦ ¦
+----------+----------+----------¦
¦6:30 A.M. ¦6:58 A.M. ¦7:56 A.M. ¦
+----------+----------+----------¦
¦7:00 A.M. ¦7:28 A.M. ¦8:28 A.M. ¦
+----------+----------+----------¦
¦7:30 A.M. ¦8:00 A.M. ¦ ¦
+----------+----------+----------¦
¦7:30 A.M. ¦8:00 A.M. ¦8:56 A.M. ¦
+----------+----------+----------¦
¦8:30 A.M. ¦9:00 A.M. ¦9:56 A.M. ¦
+----------+----------+----------¦
¦9:30 A.M. ¦10:00 A.M.¦10:56 A.M.¦
+----------+----------+----------¦
¦10:30 A.M.¦11:00 A.M.¦11:56 A.M.¦
+----------+----------+----------¦
¦11:30 A.M.¦12:00 Noon¦12:56 P.M.¦
+----------+----------+----------¦
¦12:00 Noon¦12:28 P.M.¦ ¦
+----------+----------+----------¦
¦12:30 P.M.¦1:00 P.M. ¦1:56 P.M. ¦
+----------+----------+----------¦
¦1:00 P.M. ¦1:28 P.M. ¦ ¦
+----------+----------+----------¦
¦1:30 P.M. ¦2:00 P.M. ¦2:56 P.M. ¦
+----------+----------+----------¦
¦2:00 P.M. ¦2:28 P.M. ¦ ¦
+----------+----------+----------¦
¦2:30 P.M. ¦3:00 P.M. ¦3:56 P.M. ¦
+----------+----------+----------¦
¦3:00 P.M. ¦3:28 P.M. ¦ ¦
+----------+----------+----------¦
¦3:30 P.M. ¦4:00 P.M. ¦ ¦
+----------+----------+----------¦
¦3:30 P.M. ¦4:00 P.M. ¦4:56 P.M. ¦
+----------+----------+----------¦
¦4:00 P.M. ¦4:30 P.M. ¦ ¦
+----------+----------+----------¦
¦4:00 P.M. ¦4:30 P.M. ¦5:26 P.M. ¦
+----------+----------+----------¦
¦4:30 P.M. ¦5:00 P.M. ¦5:56 P.M. ¦
+----------+----------+----------¦
¦4:30 P.M. ¦5:00 P.M. ¦ ¦
+----------+----------+----------¦
¦4:50 P.M. ¦5:23 P.M. ¦ ¦
+----------+----------+----------¦
¦5:00 P.M. ¦5:30 P.M. ¦6:28 P.M. ¦
+----------+----------+----------¦
¦5:20 P.M. ¦5:52 P.M. ¦ ¦
+----------+----------+----------¦
¦5:30 P.M. ¦6:00 P.M. ¦6:56 P.M. ¦
+----------+----------+----------¦
¦5:50 P.M. ¦6:22 P.M. ¦ ¦
+----------+----------+----------¦
¦6:00 P.M. ¦6:30 P.M. ¦7:26 P.M. ¦
+----------+----------+----------¦
¦6:30 P.M. ¦7:00 P.M. ¦7:56 P.M. ¦
+----------+----------+----------¦
¦7:30 P.M. ¦8:00 P.M. ¦8:56 P.M. ¦
+----------+----------+----------¦
¦8:30 P.M. ¦9:00 P.M. ¦9:56 P.M. ¦
+----------+----------+----------¦
¦9:00 P.M. ¦9:28 P.M. ¦ ¦
+----------+----------+----------¦
¦9:30 P.M. ¦10:00 P.M.¦10:56 P.M.¦
+----------+----------+----------¦
¦10:00 P.M.¦10:28 P.M.¦ ¦
+----------+----------+----------¦
¦11:00 P.M.¦11:30 P.M.¦12:26 P.M.¦
+--------------------------------+
Summary of Service
41 trains are operated out of Aurora, 41 going to or beyond Mooseheart, 38 to or beyond Batavia, 26 to or beyond Geneva, 24 to or beyond St. Charles and 22 through to Elgin.
22 trains are operated out of Elgin, 26 out of St. Charles, 28 out of Geneva, 39 out of Batavia and 42 out of Mooseheart, making a total of 42 trains into Aurora.
Saturday only.
52 trains are operated out of Aurora, 52 going to or beyond Mooseheart, 49 to or beyond Batavia, 26 to or beyond Geneva, 25 to or beyond St. Charles and 22 through to Elgin.
22 trains are operated out of Elgin, 25 out of St. Charles, 28 out of Geneva, 50 out of Batavia, 52 out of Mooseheart, making a total of 52 trains into Aurora.
Sunday only.
36 trains are operated out of Aurora, 36 going to or beyond Batavia, 24 to or beyond Geneva, 22 to or beyond St. Charles and 20 through to Elgin.
20 trains are operated out of Elgin, 22 out of St. Charles, 24 out of Geneva, 36 out of Batavia, making a total of 36 trains into Aurora.
The above table shows that trains are operated with unusual frequency and that during rush hours there are trains between the most populous points every few minutes. We give below the passenger check made at the city limits of Aurora, where the traffic is heaviest, and a comparative count of the loads carried by the busses:
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