Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1905-08-17
TO Bring TEST SUIT
DECISION Desired ON QUESTION
OF joint RATES.
Assistant Attorney General r1aCDon-
aid Directed to Take Proper Steps
In the Matter of Refusal of O. r.
4 N. to Acknowledge Rights of
Commission Under Section (.

COMMISSION UUO(T SS(uuOU e.
Spokane, Aug 1.-THE constitu-
tionslity of that section of the state
railway commission law dealing with
joint rates was questioned by the Ore.
gon Railway & Navigation Company
and the right of the commission to es-
tablish such rates was challenged by
j. G. Stubs. trsffic director of the
road, at a conference between the com.
mission and representatives Of the
transcontinental railways held here.
That the determination of the Ore
gon Railroad & Navigation Company
to attack the constitutionality of sec.
ton of the law was based on legal
advice was subsequently acknowledged
by Mr.. Stubbs, who informed the COM
mittee that he had been advised by w.
W. Cotton, general counsel of the road =,
that the company would not be obliged
to establish joint rates. The represen.
tatives Of the other companies &C.
quiesced in the position taken by Mr..
Stubbs, and it is understood that all
the roads will cooperate in resisting
this section of the law.
The power Of the commission to es-
tablish joint rates was brought up on
a presentation of 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
Colfax.
Spokane, Aug. Assistant Attor-
ney General E. g. 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
a 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 representatives Of the trans
continental railroads, and letter ad.
dressed to Mr.. Mackenzie was imme.
diately dictated py Mr.. Fairchild ad.
vising him Of the refusal of the rail.
road company to recognize the right Of
the commission to establish joint rates
The letter stated that Assistant Attor
ney General Macdonald 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 4. That when the rate
substituted by the commission as 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 compa.
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 tc
the proceeding, such 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 as to the
changes to be made to effect compli.
ance Herewith, the commission may
issue supplemental order prescribing
the rate to be charged to or from sucf
common points by either or all of the
parties to the proceeding, which order
shall take effect of it's own force, al
part of the original order, and suct
supplemental orders shall be subject tt
review by the superior court within
the time and in the manner hereinbe
fore provided for the review Of origi
nal orders of the commission. Provid
ed, however, that before the commits
sion shall have the power to fix join
rates, or to compel one road to hau
the cars of another, or deliver freigh1
or cars to another road, the commits
sion must be satisfied that an injustice
or injury will result to the shipper
seeking the enforcement Of said join
rate, if the same be not ablished."
STUBS GIVES REASONS.
Fight With N. p. Cause OF Refusal Il