Evening capital journal. (Salem, Or.) 1888-1893, 1892-05-31
THE COMMISSION upheld.
Referee Holmes Files His
Findings.
IN CASE OF STATE vs.. s. ?. co.
Dissents Upon Only Two Minor
Points Reduced Rates
Must Come.

against the Southern Pacific Rail-
road company to enforce the adop.
ton by the company of the reduced
freight rates fixed under the GeeI
bill by the Oregon railroad COM
mission, Referee VIM. H. Holmes,
of the law firm of Bonham &
Holmes, has TO-DAY filed his report
in the circuit court. The case will
come before Judge Boise at the
June term, which begins on the
18th, to affirm or set aside the
report.
The action to enforce the legal
rates was begun in September, 1891,
and was argued before Referee
Holmes in February, 1892. w. D.,
Fenton appeared for the company
aud made able arguments, covering
many points. The state was repre-
sented by District Attorney Bing-
ham and Commissioner Geo. w.
Colvig, the attorney of the commits
sion, in consultation with Attorney
General Chamberlain. The taking
of the testimony required the referee
and Mr.. Bingham to go to Portland
and San Francisco to examine the
records of the company. The vol
luminous testimony, the extensive
tables of rates furnished by the
company aud the commission, as
well as the importance of the case
to both the corporation and the
people, required the utmost care on
the part of the referee, and he has
given the case all the time needed
to reach compre hensive findings,
which are submitted in thirty-one
sheets of typewriter matter in
addition TO numerous rate sheets.
The findings of the referee sus-
tains the recommendation as to re-
ductions of freight. On two points
he does not sustain the commission:
1st. The commission contended
that the Portland & Willamette
Valley railway, leading from Fulton
to Dundee, was under the control
Of the company. The report is ad-
verse on this point and holds that
the S. p. Co. has no control oyer
that line.
End. In regard to reccommen-
dation of the commission that the
finished products of lumber should
be carried at the same rates as the
rough material, referee holds that
this recommendation is not just to
the company, but that the company
is entitled to higher rate. The
referees report is a well written
document and its contents show
that it has been prepared with great
labor and learning.
UPHoLDS THE COMMISSION.
1.-THE testimony offered by the
defendant (railroad company" says
Referee Holmes in conclusion, "has
not, to my mind, overcome the
legal effects as evidence of the tariff
charges submitted by the commits
sioners TO the defendant. The law
has attached to their official acts
and doings much weight and i'm
portance, and l think very properly.
They are sworn officers Of the law,
accountable to the people and the
defendant for the rectitude of thell
official conduct. They are required
by law to devote much time in deter.
mining these matters by intelligent
Investigation and inquiry. Theil
opportunities for making the in
vestigations pertaining to the duties
officially devOlvlng upon them are
all that can be desired, and except
in the instances above noted, L rec
ommend that the rates suggested 10y
them to the defendant be adjudged
fair and reasonable for the various
services rendered.