The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1905-01-11

law ESTABLISHING railway anu tTd1lS-
portation commission in this state, to
consist of three members to be ap-
pointed by the executive, to perform
the duties and exercise the powers
contemplated by the provisions of
Section 1876, Article II, of the state
constitution, which is as follows:
The legislature shall pass laws es-
tablishing reasonable maximum rates
of charges for the transportation of
passengers and freight, and to correct
abuses, and to prevent discrimination
and extortion in the rates of freight
and passenger tariffs on different rail-
roads and other common carriers in
this state, and shall enforce such
laws by adequate penalties. A railway
and transportation commission may
be appointed and its powers and
duties fully defined by law
Salaries, commensurate with the
duties to be performed and ability and
fidelity required of the commissioners
working under such law, should be
provided. Otherwise, It's operation will
most conservative advocates.
II am advised that a difference Of
opinion exists among eminent men,
bers of the bar of this state con-
corning the constitutional right of
the legislature, under the section
quoted, to empower such a commits
sion with the authority to establish
maximum rates for transportation of
passengers and freight, and with
power to correct abuses and prevent
discrimination in freight and passen-
ger tariffs on the different railroads
and other common carriers in this
state. Those challenging the right
of the legislature to delegate these
powers claim that a railway and
transportation commission could per-
form only such duties and powers
as are not specifically reserved for
legislative action. Those interested
in the passage OF such a measure
and the speedy settlement Of any OBJ
lection that may be urged thereto,
will he in accord with me in hoping
that you will consider this recon-
mendation early in the session. If a
measure he adopted by this legislat-
ure empowering such a commission
with the authority to regulate freight
and passenger rates, and to perform
such other duties specified in the con-
stitutional provision quoted, and If
such acts contains an emergency
clause. test case might be submitted
to the supreme court and, If dill
gently prosecuted before that tribu-
nal, decision might be rendered be-
fore your final adjournment that
would prescribe how far such COM
mission could perform its duties
without encroaching upon the powers
reserved in the Legislature.
1.-THE act which may finally receive
a constitutional majority at your
hands must not only conform to the
mandate of the constitution quoted.
but should be so framed that it's ex-
ecution will be in accord with the
plainest principles of justice between
shipper and carrier. On November
8, 1904, the people of this country
S"Nt " VIC present CnleI executive
of this nation an expression OF their
confidence and good will more pro-
nounced than ever before extended to
a chief magistrate by the voluntary
act OF a free people. 1t is a pleasure
to quote, and equally pleasurable for
you to hear and endorse in this con-
nection, the sentiment expressed in an
extra from the message of President
Roosevelt to congress- given in De-
cemher. 1901. concerning the amend
ment of the present interstate COM
merce act l quote as follows: The
railway is n public servant. Its rates
should be Just to and open to all
shippers alike. The government
should see to ii that within it's juris-
diction this is so and should provide
speedy. inexpensive and effective
remedy to that end. At the same
time 1t must not be forgotten that
our railroads are the arteries through
which the commercial life blood of
the nation flows. Nothing could be
more foolish than the enactment of
legislation which would necessarily
interfere with the development and
operation of these commercial
agencies
Conservative Legislation.
II recognize the fact that In tba