Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1906-10-12
State Railroad Commission Law.


has recently held the Washington
Railroad Commission law of 1905 to
be constitutional in the case of the
Oregon Railway and Navigation Com.
pany as. the Washington Railroad
Commission; that under this law the
Commission is invested with the power
to fix rates for transportation of freight
in this State, and that the State
Constitution provides that all maxi
mum rates shall be fixed by the Legis-
lature, did not preclude that body
from delegating such power to the
Commission. The Judge also de.
cided that the exemption of electric
city and suburban lines, ETC. from the
operation of this law is not all unjust
or unlawful classification and dis.
elimination, unless it shall be made
TO appear-which was not the fact in
this litigation - that these electric
lines were engaged in the same kinds
OF traffic as regards the railroads oper.
ated by steam within the boundaries
of this State.
it will be borne in mind that these
rulings, made by a Superior Court,
have a very limited binding force till
confirmed by the Supreme Court of
this State, and then only in restrict
ed sense, until the Federal courts
shall have had their say" who very
probably will cause great disfgura-
ton" of the whole business. The
position we take is, that this Railway
Commission law is an expensive piece
of political machinery, without any
compensating benefits to the shippers
and taxpayers of this State. We have
heretofore contended, and see no rea-
son for changing the view. that il
language means anything to law.
yer, judge or layman, that the power
to fix maximum rates of traffic under
the State Constitution is lodged with
the Legislature, which excludes the
hypothesis that it may be lodged else
where.
But let US suppose, by reason OF
some occult logic, the State court OF
last resort shall agree with Judge
Chadwick, aud hold that this rate.
making power may be vested in q
Commission. What thenf
About ten years ago, the Legislature
OF Nebraska passed q Railroad Com.
mission law, giving it the power to
prescribe rates. The Supreme Court
of the United States in the case Of
Smyth Us. Ames, held the provisions
OF this law were violative Of the 18th
amendment of the Federal Constitu-
ton, in that they deprived the rail.
road company OF its property without
due process OF law, because the COM
pany could not pay it's running ex.
penses, interest on the bonds, and
dividends on its stock, under the rates
established by the commission. The
court on this point used the following
language:
"While rates for the transportation of
persons and property within the limits
of State are primarily for its dctermi-
nation, the question whether they are
so unreasonably low as to deprive the
carrier of its property without such
compensation as the Constitution Sc
cess of law, cannot be so conclusively
determined by the Legislature of the
State or by any regulation adopted I'M
der its authority, that the matter may
not become the subject of judicial in
quiry."
The matters regarding the cost
Of construction, operating expenses,
bonds, stock (watered or otherwise), Of
a railroad company. are peculiarly
within the knowledge OF its officers,
who are prepared to make any kind Of
q showing to defeat the law, while
the other parties concerned are at sea,
notwithstanding a Commission may
pay experts at the rate OF $1,000 per
month, or any other sum, out OF the
taxpayers money. At best these ex.
perts can only generalize. but when it
comes to particularize in given cases
before the courts for trial, they must
fail.
The people of Whitman county, in
which Judge Chadwick resides. have
for long time been clamoring for q
reduction Of transportation rates on
wheat. Under the circumstances. he
doubtless felt difident about deciding
q State law unconstitutional, and
therefore deemed il advisable TO put
the question up to the higher courts
for solution.
! WHILE Roosevelt's plurality over
Parker in 1904 was more than two and
q half million of votes, it was less than
the aggregate which footed up half a
million plurality cast for William Nc.
Kinley in 19O0-or 416. 1856 TO be ex.
act. This shows that while some Dem.
ocrats voted for Roosevelt, there were
many hiding in the bush, and that
number is doubtless still further less.