The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1905-08-19
n Bring TEST SUIT
,rcIsJoy Desired ON QUESTION
Of joint RATES.
Assistant Attorney General F''c0o"-
Id nIrected to Take Proper Steps
;. ,he Natter of Refusal OF @. r.
A. TO Acknowledge Rights OF
Commission Under Section &.

Spokane, Aug 14.-The oonstitu-
.;onslity of that section OF the state
uvav commission law dealing with
10. rates was questioned by the Ore
=, Railway & Navigation Company
tho right of the commission to es-
..b,isb such rates was challenged by
G Stubs, trsffic director of the
nod at conference between the COM
a;ssion and representatives of the
trsnscontinental railways held here.
That the determination Of the Ore
nm Railroad & Navigation Company
- attack the constitutionality of SEQ
.;o, Of the law was based on legal
aa1ice WAS subsequently acknowledged
hr Mr. Stubbs, who informed the oom-
rnittee that he had been advised by w.
v Cotton, general counsel of the road,
+bat the company would not be obliged
- establish Joint rates. The represen-
t.tives of the other companies &C.
nniesced in the position taken by Mr..
ctnbhs and it is understood that all
the roads will cooperate in resisting
this section of the law.
The power of the commission to es-
tsblish Joint rates was brought up on
nresentation of specific complaint
against the Oregon Railroad & Navi-
cation Company and Northern Pacific
nv q Colfax shipper before their refus-
al to restore to that point the old joint
rate on shipments of Roslyn coal to
ColfaI.
Spokane, Aug. 15.-Assistant Attor-
new General E. G. Mcdonald has been
formally instructed by Chairman Fair
child. of the state railway commission,
TO sd yise with C. l.. Mackenzie, Of
Colfax, regarding the preparation of
papers on the question of alleged un-
lust discrimination by the Oregon Rail-
road Navigation Company in the mat
ter Of Joint rates on Roslyn coal, with
aview to bringing the matter before
the commission for formal hearing.
The determination of the commission
to bring this important question to q
head was reached after the conference
with the representatives of the trans
continental railroads, and letter adj
dressed to Mr. Mackenzie was imme-
diately dictated py Mr.. Fairchild ad-
visng 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 4 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
lnbsfore provided, shall be joint rate,
and the railroad or express companies
parties thereto fail to agree upon the
spportionment thereof among them
selves within ten days after notice of
such order, the commission may Issue
supplemental order, declaring the
portion of such joint rate to be receiv-
10 oy each railroad or express compa.
ny party thereto, which ehal take
eaect Of its own force as part Of the
aginal order, and when the order of
sne commission prescribes the just re-
Ston of rates to or from common
"lnts of the lines of the several rail-
lOaos or express companies parties to
@e proceeding, such railroads or ex-
press companies fail to notify the
submission within five days after no.
uce Of such order that they have
asreed among themselves as to the
enanges to be made to effect compli-
ance herewith, the commission may
-. issue supplemental order prescribing
.ue rate to be charged to or from such
sOnmon points by either or all Of the
paiues to the proceeding, which order
au'i' TAKE effect of it's own force, az
s OF the original order, and such
sappiemental orders shall be subject to
~, 1--WE" oy the superior court within
t u0 ume and in the manner hereinbe-
ns to provided for the review of origi-
"a orders of the commisson. Provid-
however, that before the commits
ra ,u snail have the power to fix joint
tho 0s' Or to compel one road to haul
o. 0als OF another, or deliver freight
s;os sals 70 another road, the commits
o ,0n must be satisfied that an injustice
SOL: !ufy Will result to the shipper
rota iae the enforcement of said joint
'e' II the same be not established.
SlubBS GIVES REASONS.