The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-09


| O.
Special Dispatch to the Post-Intelligencer.
TACOMA. Feb S.-Judge Hanford of
the Federal court, today rendered a de-
/ cislon in the sui, OF the Tacoma Grain
Company VS.. the oregon Railroad d Navi-
cation Company. the Northern Pacific
Railway Company and the Great North
ern Railway Company. on a demurrer 10
the complaint. overruling this demurrer.
The opinion of the court is looked upon
as a practical victory for the plaintiff.
and leaves but the question of whether
the freigh. rate now existing is a reason
able enc, yet to be determined. The suit
was brought to compel the reads to ac-
cept carload lots of grain at points along
any of the lines at through rate and
without the additional local charge
In passing upon the question at issue
Judge Hanfosd says:
The complainants allege that as CO.
partners. they are engaged in the busi-
ness OF buying, selling and shipping
wheat. oats and other farm products. in
tfls stlte. and that their principal place
OF business is at Tacoma They allege
| that each of the defendants owns and
operates a line of railway in this state
which connects and intersects with each
other at specified points; that the Cregon
Railroad & Navigation Company has
refused 10 receive wheat in ,arloal lots
at stations On its line for shipa9 ~ TO Ia
coma over H. line. and the lines OF its CO.
defendants at the rates fixed and pre-
scribed for such through shipments
by the act of the legislature of
1 lis sfatr
that each of the defendants has refused
and VIII refuse TO receive for through
shipment. freight originating on the line
Of the Oregon Railroad 4 Navigation
Company. and destined to a point on the
line OF either OF the other companies for
compensation al the rate fixed by said
statute
The defendants by their separate de-
murrers TO the complaint. each question
the right of a shipper under this law TO
treat their several lines one continuous
line from any point on the Oregon Rail
road & Navigation CoTpany's lire TO the
| city OF Tacoma. and they contend that the
sixth section of the act cannot be 81, con-
sirued as 10 require a railway company In
this state 10 receive freight at one of It's
stations destined to q point on the line OF
q connecting railroad. and transfer the
same without change 10 cars of the con
Meeting line. The sixth section hv itself
and disconnected from other parts OF the
act, Is ambiguous. bat Il - to he construed
according 70 the manifest intent OF the leg
isiature. and that intsn; IS mad. TO appear.
and the construction must he controlled bv
the hfth section. which plainly provides
that the maximum freight rates es,a hlfsh-
ed. fixed and provided by this act. shall
apply whether the haul be over one line or
over TWO or more connecting lines OF rail-
road, or other common carriers nd pre-
Nides for division Of the compensation al
lowed Tor the entire service. and a method
for adtuicating all questions as 10 the pro-
portion which each company may - Justly
ana eGultably entitled to receive. If the
companies cannot agree Is 10 the pr0pnr-
tionAta amount ~ be- retained by each Cor
IT'S proportion ~ jhe entire service.
The decisions accord 10 railway cornpa-
MES a mere private business corporations
;he same freedom az individuals. 70 make
contracts sad 10 refuse to enter into con-
tracts. but iu the character of common
carriers aUd pub,ic servants they are held
/ - be subject 90 control aud their busIne -
NAV he regulated and the rate az com
pens3t3on for tAa transports tlou Of IA x~ea-
gers and fre}ght may be axe,l hs- th.. le,ls
lsture within the lFnits of reason This
statute Is made - regulate the business
~ common. ca rrsers, sS such. usaor - face
q does not appear 10 he unconstitutional
osr does 8; appear on the face q tafs hs1
- complaint that tBe defendants VII -
process of }8w x compelled 20 con1qty
w5t1 is voau.reultnts as the conplalnants
have prayed. Il taa rate Hxed by the STAT
Uts w,j not afford sufficient revenue Il, nav
the coSt cf the seTvice. and reasonaa1.
pr0St. er I, tSe statute fS In anv respect
Oppressive and uHre8 8sooab3e. objections an
tals ground mszsf be ralSszf ~ ansx.~s
setting forth facts upon WhIcA the court
caa osse SIS Judgment The demurrer wlli
be oveFrrle3 "
The salt Is ore in the nature of test ot
he present regulations az 70 Puget sound
grain shipments. snd s. vitality Important
30 dealers az salt water \ decision IN
savor - she plain1in means Al entirely
new deal ss - hauling grain to sound
ports. to she advantage of fAe Sound ship
rers L : announced the defeasanes
will not naw appeal the oass bat VIII ale
a. answer 10 xxnesd he complaint