The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1905-02-17
THE COMMISSION BILL
The Joint Railroad mittee
Makes Its Report.
Short Summary Showing the Main
Features AS Returned BY
The Committee.

Olympia, Wash, Feb. 13.-The Joint
railroad committee OF the house and
senate met tonight and released for
publication the draft of the commission
bill as prepared by the subcommittee.
Alter the meeting of the Joint com
mittee, the subcommittee held another
meeting and eliminated the "anti-
scalping" feature of the bill. The sub
committee which drafted the bill was
composed of Senators Van De Vanter,
Russell and Davis and Representatives,
Dickson, Hare, Crane and Reiter.
Summary OF the Bill.
Following is a summary OF the rail.
road commission bill as reported by the
joint subcommittee
Section / establishes a commission: pro
vldes for three commissioners, to be appointed
by the governor, with absolute power of re-
moval, at a salary of 5000 per year each
Section 2 provides for the manner of hold
ing meetiugs etc.
Section provides that freight passenper
and other trathcs shall bs just, and that the
railroad commiss on shall be vested with
power and authority, upon complaint, or by
inquiry upon its own motion, after full hear
ing, TO make finding declaring any existing
rate to be unreasonable, unjustiy dIscrimina-
tory or insufficient, and to declare what shall
be just ana reasonable rate o be charged
This same section empowers the commission
to enforce reciprocal demurrage against rail-
roads for failure TO furnish cars to shippers
within a reasonable time. 1t provides
further, that any order made by the com
mission shall take effect and become opera
tive 20 days alter a notice tn reof has been
given to the affec ed company. 1t provides
that II any company contests rate in court
the court, il its discretion, may suspend su, h
rate pending hearing and the further order
OF the court ID case Uf such auap- nsiOn
however, the court shall require q sufficient
bond that the carrier shall answer for all
damages caused by decay III the enforcement
the order OF th7 commission, The cou-
pSuy must institute the contest If anv rate
within 70 days after the commission makes
its order.
In case Of an anpeal to the supreme court
from the superior urt, it shall take tle same
course IL civil action, the bond meanwhile
being in force.
Joint Rates.
Section relates to Joint rates. It provides
that when any rate is fixed by the com
mission which is ioInt rate, and the rail
tIOhmeut OF such rate, the commission may
issue supplemental order declaring the
portion of such joint rate to be received by
each railway company.
S=ctIon provides that where a railroad
refuses or nes lects to perform any order of the
commission specified in section 3, the COM
mission may apply to the superior court of
any county to enforce obedience to its order
by an appropriate writ, and fixes peualty of
$3.50 for each day during which it fails or
neglects TO obey the orders Of the commission.
Section 3 prescrlbes the process to be
adopted when any complaint is made by any
shipper against any rate other abuse by the
railroads; provides for 20 days written
notice of time and place of hearing; pro-
vides that all processes shall be ser we'd as in
civil cases; prohibits dilatory legal tactics in
the hearing before the commission; provides
that the hearing shall be public; provide
that the superior court of the county wherein
the hearing is held may compel the attendance
of witnesses at the hearing and the produc.
tion Of papers, way bills, books, accounts,
documents and testimony.
Review and Appeal.
Section provipes that in all actions be
tween private pargl 8 and carriers the rates
fixed by the commission shall be held to be
and to be fair and just, but in
every sucb action any judgment adverse to
rendered after the railway commission has de- |
termined the rate and while tn /, same is pend |
ing on writ of review or appeal, shall be held |
to be provisional only and the forcem Mt |
thereof shall be stayed pending final determ |
inatlon of ch writ OF review or appeal. 1t |
provides that in case the hDal decision is In |
favor of the railway company the court shall |
render Judgment setting aside the decision of |
the railway commission,
SactiOn proyidsa that in all actiona in |
court to set aside decision of the commits |
sion or to determine the reasonaoeness of |
rstes determined by the commission, the bur |
den of proof shall be upon the railroad COM |
panle- to establish that such rate, regulation, |
order, classification or charge established by |
the comm ssion is unreasonable
Section 9 gives the superior court power to |
enforce by proper DEGREES the findings of the |
comm ssion and provides that any employe of |
any railroad Company who violates any orde
of the commission may be fined a sum not ex- |
ceeding $4Oc.
Must Furnish Schedule.
Section 10 provides that each railroad and |
express company shall within 30 days after the |
act take- effect furnish the commis4ioa a cOm-
plete schedule ali rates, rules order c ,ss- |
If hcati,ns regulations then in force by il ne-
tween all points II this state. and shall keep a !
copy ia each Othce OF the zane for the inspec- |
ton of all Interested persons.
Secti q Ii gives the commission complete !
power Of Inspection of all books Of raj road
or express 0 Inp"nies, and fixes penalties tor . /
refusal % rnami, % inspection.
ecton z mAkes 1t mani 4tory upon the
as early p ssible t. ascertain
the cost 4 construction OF all railroads anG
the general hnauci III status Of said railroads
Section l3 provides g det4iai method Of
carryl out tn progIsi ms of section Y.
! h1. pf
and the process If serving Lh6m.
Section Is defines what shall constitute IN
Just discrimination on the part of railroads
against any community or Individual
Section 10 is a continuation OF section ID.
Section IL provides that any railroad guilty
of unjust discrim nation or any other unlaw-
full act shall be liable o damages to the per-
son or corporation injured thereby.
Section Is is continuation OF section IL. |
prescribing the penalties for violation of the |
same.
Section 19 provides that all suits to collect |
penalties under the act shall be instituted IN
the superior court Of Thurston county IN the
name Of the state of Washington and by the
attorney general
The remaining sections provide the ma
chinery for enforcing the act and appropriat-
ing S75, 900 for csrrying-it out.
Can Prevent Scalping.
Section % gives the commission power to
prevent ticket scalping
Section 81 provides that If any section, sub
division, sentence or clause of the act shall be
Il Il