The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1903-01-22
The Mercer.

| SeCIlOnS IA, 10 ana Article All, OIL
our state constitution are as follows:
Section IA. No railroad company or
other common carrier shall combine or
make any contract with the owners of
any vessel that leaves port or makes port
in this state, or with any common carrier,
| by which combination or contract the
earnings of one doing the carrying are to
be shared by the other not doing the
carrying"
Section 16. No railroad corporation
shall consolidate its stock, property or
franchises with any other railroad cor
poration owning competing line"
Section %. Monopolies and trusts
shall never be allowed in this state, and
no Incorporated company, copartnership
or association of persons in the state
shall directly or indirectly combine or
make any contract with any other incor-
porated company, foreign or domestic,
through their stockholders, or the trus-
| tees, or assignees of such stockholders
or with any copartnership or association
of persons, or in any manner whatever
for the purpose of fixing the price or lin
iting the production or regulating the
transportation of any product or COM
modify. The Legislature shall pass laws
| for the enforcement of this section by
adequate penalties, and in case of incor-
porated companies, If necessary for that
purpose, may declare forfeiture Of their
| franchise"
1t is evident that these constitutional
provisions were aimed against the throt
thing of competition by trusts or monopo
! lies, and against combinations having for
their purpose the elimination of competi
ton in regulating transportation charges.
Prior to the formation of the Northern
Securities Company, the Northern Pacific
Railway Company and the Great Northern
Railway Company, both operating in this
state, were competing lines. Since that
time competition between them has prac-
tically ceased. Believing that the forma
ton of the Northern Securities Company
and the taking over by it of the stock of
the Northern Pacific and Great Northern
Railway Companies were in violation of
our constitutional provisions, and believ
ing that the enunciation, by those inter-
ested, of the doctrine that the peoples
best protection is to be found in 1.-The en-
| lightened self-interest of the captains of
! industry had not repealed those provis-
ions, nothing was left to be done, as
viewed by the attorney general of the
state and myself, but to bring suit to
test the question. Accordingly suit was
brought in the name of the State of Wash
| ington against the Northern Securities
Company and the Northern Pacific and
Great Northern Railway Companies, and
the action is now pending in the Supreme
Court of the United States. An appro-
action will be necessary. AS each of you,
as well as myself, have sworn to support
| the constitution of the state, and as we
are informed by the head of the legal de-
partment of the state that there is reason
to believe the constitution is being vio-
lated, there should be no hesitancy in
making the necessary appropriation.
| would recommend an appropriation of
$4,000, or so much thereof as may be
| necessary. You may rest assured the at
torney general will not permit the expen-
diture of a single dollar not absolutely
necessary for the proper presentation of
the case on the part of the state.
Anti-Pass Bill Needed.
In regard to free passes the language
of our state constitution is as follows:
Section SO, Article II: 1t shall not be
lawful for any person holding public office
in this state to accept or use pass, or
to purchase transportation from any rail-
road, or any other corporation, other than
as the same may be purchased by the gen.
eral public, and the Legislature shall pass
laws to enforce this provision"
Section 20, Article XII: No railroad or
other transportation company shall grant
free passes or sell tickets or passes at
| discount, other than as sold to the public
generally, to any member of the Legisla-
ture or to any person holding public Office
in this state. The Legislature shall pass
laws to carry this provision into effect"
The Republican state platform says:
''We are in favor of the passage by the
next Legislature of an anti-pass bill in
compliance with the provisions of our
state constitution
The Democratic party in it's state plat
form makes this declaration:
1--WE favor legislature to carry out the
| imperative mandate Of the constitution of
the state forbidding the giving to or re-
ceiving by public officers of free passes on
railways and transportation lines
The practice of giving free passes has
| been highly detrimental to the public SER
vice. Not a single valid argument can be
adduced in its favor Free passes in the
hands of an INSCRIPTIONS lobby have been
a potent instrument in seducing public
officials from their allegiance to the peo-
pie, and in throttling legislation not salts
| factory to the railroads. The mandate of
the constitution-the pledges of both poll
teal parties-the personal honor and in
| tegrity of members of the Legislature, all
unite in urging the passage of a stringent
anti-pass bill.
Railway Commission.
The most important matter to come be-
| fore you at this session is the question of
establishing a railway commission. The
Republican state platform contains the
following plank:
I'VE are In FAVOR or the passage or
bill by the next Legislature establishing
railroad commission to consist Of three
members, to be appointed by the govern
or, no more than two to be taken from the
dominant political party, said commission
to be clothed with power to regulate
| freight and passenger rates, to determine
the value of railroad property for pur-
poses of assessment and taxation, to pre-
vent unjust Determinations, and to in
quire.into and remedy such abuses as may
he found m ayiSt