The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-09-28
ATTORNEY GENERAL AND NEW
RAILWAY COMMISSION
ARE AT OUTS.
State Counsel Refuses to Sign Com
plant Alleging Discrimination.
on the Part of Railroads.

Relations have about reached
straining point between the railroad
commission and the Encouragement
according to reports that come from
Olympia.
The difficulty is over the contemplate
ed hearing of the joint rate matter al
fecting shipments of coal from Roslyn
to Colfax and other Oregon Railroad &
Navigation company points, which was
heretofore set for October 25 in Col
fax. Owing to a deadlock between
the commission and the attorney-gen-
eral. the hearing must be postponed
Indefinitely.
The railway commission, it is said'
instead of taking up the matter direct
ly with the attorney-general and giving
the legal phase to his personal dlrec-
ton or requesting him to assign it to
one of his assistants, went directly TO
Donald Of Spokane and put Mcdonald
to work on the case without consult
ing the attorney general.
When the material for the formal
complaint was finally assembled 1t
was necessary to secure the sigma
ture of the attorney general. The
latter, upon looking over the papers,
found what he considered, serious
omissions.
Through Carload Shipments.
For instance one of the principal
points to be raised is that the compan-
les refuse to accept through carload
shipments of coal from Roslyn to Col
fax. Unless this is admitted by the
companies it will be necessary TO prove
the point. The material furnished the
attorney general fails to give the
name of any shipper who has pur-
chased carload of coal in Roslyn and
who mas been refused through con-
signment to Colfax; no date is given
of any offer of a carload shipment to
the Northern Pacific and no date is
given of the company's refusal to &C
cept such a shipment. The point is
stated in a general way and no names
of witnesses are given who will testify
as to the matter.
When these things were called
to the attention of Chairman H. A.
Fairchild, VINO has been working with
Mcdonald in getting the material to-
gether, it is said he expressed the opin-
ion that the companies would undoubt
eddy admit the point, and would make
their fight more upon law points than
upon questions of fact. The attorney
general refused to go ahead on sup
positions however, and now there
seems to be a divided opinion as to
whether the railway commission should
collect the necessary data and evil
dence, whether it should be supplied
by interested parties or whether the
attorney general should go out into
the field and seek it.
Fairchild Had Other Business.
For consultation on these matters
the attorney general Saturday re-
quested Chairman Fairchild to come to
Olymnia MOn1aV but the latter has
replied that other matters are engag-
ing his attention at present.
Tuesday was the last day for filing
the complaint, the companies being al
lowed thirty days before the date of
hearing. It will therefore be neces-
sary to postpone the hearing an indef-
mite time. 1t is questionable whether
it is possible to set up the facts de-
sired and prove them without some
Colfax person ordering a carload of
Roslyn coal and attempting to snip
it through to ColfaX If this must be
done, another question arises as to
who is to pay for the coal and perhaps
keep it in Roslyn while the railroad
company carries the case to the United
States supreme court In any event.
it will require several weeks to Sc
cure evidence and data necessary to
meet the attorney generals views.