The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-13

charges for the transportation OF passengers aud
freight BIZ railroad or other transportation com
rssfss aud publish the same frGTn tine 20 tine,
with such changes IS they may make to exasp-.
inc the BOOKS. records and papers Of 81 railroad
and oshar transportation eons panes- and flr ms
purpose they shall have power 30 tssre suoFsSn
and all other Necessary process 20 hear and oe-
tsrnire con d ANTS against railroad and otfT
transportation eo1 panies: 20 send for persons
and papers. 70 administer oaths, take testimony
and punish for contempt OF tss5T orders ana
process IN the sane manner ard 10 the sane ex-
tent as courts OF record. and enforre their de-
cisiCns and correct abuses thTnEgh the medium
of the courts said commissioners shall pre-
scribe uniform system OF accounts 20 be keps
by all such corporations and companies
Any railroad corporation OF transportation
cDranary which sh2li fail refuse 90 conform 20
sach rates as shall be established by such con-
rnissioaers, or shall charge rates n excess
thereof on shah fail 70 keep their accounts Ia
cordanee with The system prescribed by The
$1,000 for eseh oHense. and every
officer, SCENT. or erploye OF any
such corporation Or company, VINO shall de-
nland or receive rates il excess thereof, or who
shall in any manner violate the provisions OF
this section, shall BE fined not exceeding 5000,
or be imprisoned Ia the county Jail lot excssd-
inaI the rates OF fares and ffe3ghss established
by said commission shall be deemed eonciu-
clusiveiy Just and reasonable. and IN any action
sges sustained By charging excessive rates, the
plaintiff, IN addition 10 the actual damage,
may, In the discretion Of the judge or jury, re-
cover exemplary damszes-
The salary OF each commissioner sh2l be
$500 year. The tenth section reads.
Whenever the commission shall. render any
decision within the p1rvieEF and pursuant 80 the
authority vested Il said commission by this see
said commission, or the person, ce-pastners d
COMPANY, Or corporation making the corr plains
upon which the decision was rendered, Is au-
thorized 10 sue upon such decision IN any court
OF competent jurisdiction IN this state.
bis bill: sit may well be taken for granted
that the legislature viii pass some sort OF an act
for the creation of 8 legislative commission for
the people in the eastern half of the state sire
elamorous in the matter. The question is the
one upperFsost u their minds. I beIieye the
commission should be elected, but have pro-
vided IN this draft that commissioners may be
s ION D ''s governor ahti the hex' sisc-
sThe subject Is one In which r have taken
great interest," foE i was prominent IN California
politics when ! was there, and while was q
member OF the legislature OF California there
were many Gebstes on it. The law for the erea-
ton OF the California commission is about the
oniy one u me country which Will not have to
be revised 20 conform 20 the latest decision OF
the n1tez9 states supreme court. This decision
was delivered ~ Mr.. Justice BIztehford, March
=, lseo, in the Chicago, Milwaukee & 81 Paul
Railway company. plaintiff in error, vs. the
state OF Minnesota ex rel. the railroad commits
sion of the state OF Minnesota This decision
mss not been widely published and is difieuls 70
OBTAIN. copy of IL was sent 20 ne BY Justice
Field, who Is personal friend Of mine.
''In this decision which reverses the decision
OF the supreme court of Minnesota, Justice
Blatehtord SAYS: In the present case the return
alleged that the rate OF charge fixed by the COM
mission was not equal or reasonable, and the
supreme court held that the statute deprived the
company OF the right 10 show that jadic1ally.
The question Of the reasonabIeness OF a
rate OF charge for transportation by railroad
company, involving as It does the element Of
Ts2sons oaeBess, both regards the company
aud as regards the pEb!ie, is erninentIy 9ues-
ton for judicial investigation, requiring due
process Of law for its determination. II the
company 10 deprived Of the power O! charging
reasonable rates for the use Of its property. and
such deprivation takes place in the absence OF
an Investigation By judicial machinery, il is de-
p-lyed Of the lawful use Of It's property. and
thus, in substance and effeet, OF the property
Itself, without due process of law, and In viola
ton OF the constitution Of the United States;
and IN so far IS il Is thus deprived. while other
persons are permitted 20 receive reasonable
profits upon their invested capital, the company
is deprived OF the equal protection OF the laws !"
Nh Gavlgan has accordingly drawn his bill,
ne says, 50 that decisions must be rendered after
a Judicial investigation.