The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-08-16
TO Bring TEST SUIT.
DECISION DESIRED ON QUESTION
OF JOINT RATES.
AsSistsnt Attorney General f1scDon-
cid Directed 10 Take Proper steps
In the esstter Of Refusal OF o. r.
Z n. TO Acknowledge Rights Of
Commission Under Section &.

Z N. TO Acknowledge Rights OF
Commission Under Section &.
Spokane. Aug 1.-the oonstitu-
tionality Of that section of the state
railway commission law dealing with
joint rates was questioned BY the Ore.
gon Railway g. Navigation Company
and the right Of the commission to e.
tablish such rates was challenged BY
]. G. Stubs, trsffic director Of the
road, at q conference between the com.
mission and representatives Of the
transoontinental railways held here.
That the determination of the Ore.
gon Railroad & Navigation Company
to attack the constitutionality Of SEQ.
ton Of tho law was based on legal
advice was subsequently acknowledged
by Mr.. Stubbs, who informed the DOM.
mittee that he had been advised BY W..
W. Cotton, general counsel Of the road,
that the company would not be obliged
70 establish joint rates. The represen.
tatives Of the other companies &C.
guessed in the position taken by Mr..
Stubbs, and 1t 10 understood that all
the roads will cooperate in resisting
this section Of the law.
The power Of the commission to o..
tablish joint rates was brought up on
q presentation of q specific complaint
against the Oregon Railroad & Navi.
cation Company and Northern Pacific
by Colfax shipper before their refus.
al to restore to that point the old joint
rate on shipments Of Roslyn coal to
Colfsx.
Spokane, Aug. 15.-Assistant Attor.
ney General E. q. Mcdonald has been
formally instructed by Chairman Fair.
child, Of the state railway commission,
to advise with G. l.. Mackenzie. Of
Colfax, regarding the preparation of
papers on the question of alleged I'M.
just discrimination by the Oregon Rail.
road Navigation Company in the mat
ter Of joint rates on Roslyn COAL, with
view to bringing the matter before
the commission for formal hearing.
The determination Of the commission
to bring this important question to a
head was reached after the conference
with the representative Of the trans
continental railroads, and letter sd.
dressed to Mr.. Mackenzie was imme.
distely dictated py Mr.. Fairchild ad.
vising him of the refusal Of the rail.
road company to recognize the right Of
the commission to stablish joint rates.
The letter stated that Assistant Attor.
ney General Mao Donald would be in.
structed to consult with him regarding
the proper procedure to be followed
by complainants In such cases.
Section In Dispute.
Section Of the commission law,
which is attacked by the railroad com.
pany, follows:
"Section A. That when the rate
substituted by the commission az here.
inbefore provided. shall be joint rate,
and the railroad or express companies
parties thereto fail to agree upon the
apportionment thereof among them.
selves within ten days after notice OF
such order, the commission may issue
a supplemental order, declaring the
portion Of such joint rate to he receiv.
ed BY each railroad or express comps.
ny party thereto, which ehall take
effect Of its own force as part of the
original order, and when the order OF
the commission prescribes the just re.
lation of rates to or from common
points of the lines of the several rail.
roads or express companies parties 10
the proceeding, suoh railroads or ex.
press companies fail to notify the
commission within five days after no.
tice Of such order that they have
agreed among themselves az to the
changes to be made to effect compli.
anoe Herewith, the commission may
issue supplemental order prescribing
the rate to be charged TO or from such
common points by either or all Of the
parties TO the proceeding, which order
shall take effect of its own force, al
part Of the original order, and such
supplemental orders shall be subject to
review by tho superior court within
the time and in the manner hereinbe.
fore provided for the review Of origi.
nal orders Of the commisson. Provid.
cd. however, that before the commis.
sion shall have the power to AZ joint
rates, or 10 compel ono road to haul
the oars Of another, or deliver freight
or cars to another road, the commits
sion must be satisfisd that an injustice
or injury will result to the shipper
seeking the enforcement OF said joint
rate, II the same be not established.
STUbDS GIVES REASONS.
riaht win N. p. Cause OF Refusal 70
fea0e Joint Rate.