The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-08-01

and alleged CIldt the loiliotAu Wan PN~AA'
refused to grant the same.
The Northwestern Warehouse Con-
nanv is organized under the laws o:
California and has been admitted to
do business in the state of Washing
ton.
The case was carried to the stat :
supreme court. which reversed the
dpcisicl Of the lower court. In revers-
ing the case and ordering judgment
denying the writ, the supreme court
holds that there is no evidence to
show that the railroad company has
ever permitted any person, company,
corporation or community in this state
To connect a sidetrack with its lines
of transportation for the accommoda-
ton of any warehouse. The court
holds that all accommodations in the
way of trackage facilities to ware
houses are furnished by the railroad
company's own sidetracks and con-
nections constructed upin it's own land
Under the statute, therefore, it is held
that the railroad company is under
no obligations to grant concessions to
the new warehouse company, and
there is nothing which imposes upon
the railroad company the duty to build
the track asked for.
The court holds that the statute is
plain in requiring only that when per-
mission has previously been granted
to any applicant for track facilities, it
must be granted to all others that
may apply thereafter.
This case serves to call attention
to the fact that the railroads Of east
ern Washington are practicing rank
discrimination in favor of the Pacific
Coast Elevator Company and the
Puget Sound Warehouse Company in
the matter of leasing sites for ware
houses along the railway lines, thus
giving these warehouse companies a
business. The Northwestern Ware
house Company has made application
for warehouse sites at various points
along the railroads in eastern Wash
ingtOn, but not a single application
has been granted. Other companies
and private individuals have been
turned down in the same manner, but
the two pet companies never seem to
have any difficulty in securing all the
sites for warehouses that they want.
AS a result of this discrimination on
the part of the railroad companies the
warehouse facilities at many points
are inadequate and thousands of sacks
of wheat have to be piled outside the
warehouses, exposed to damage from
inclement weather.
This policy of the railroad compan-
les is plainly in violation of Section Is,
Article u, of the state constitution,
which says:
mo discrimination in charges or
facilities for transportation shall be
made by any railroad or other trans
portation company between places or
persons, or in facilities for the trans
pOrtatioE of the same classes OF
freight or passengers within this state
or coming from or going to any other
state
The discrimination practiced by the
railroad companies gives the two ia
v0red warehouse companies a monop
oily Of the warehouse business at non
competitive points, which is in viola
ton of Section %, Of A -ticle II OF
the state constitution, whic. declares
"Monopolies and trusts shrll. never
be allowed in this state and nc in
cOrpOrated company, cO-partnership
or any association of persons in this
state, shall directly or Indirectly com
ether incorporated company. foreign
or domestic, through their stockhold
J ers or with any co-partnership or as
ISOLATION of persons, or in any man
ner whatever, for the purpose of fix
| ing the price OF limiting the produc
ton or regulating the transportation
of any product Or commodity. The
! legislature shall pass laws for the en-
forcement Of this section by adequate
penalties, and in case of incorporated
companies if necessary for that pur
pose, may declare a forfeiture of theil
franchises
The supreme court, which some PEG
pie suspect of leaning to the corpor
alton side of most cases that go before
it, has evidently overlooked these pro
visions of the constitution, which, is
| above the defpcriya Starllto uDOr