The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-09-04
CROSS COMPLAINTS FILED
Northern Pacific and Great North
ern in 0. R. 8 n. Suit.
PAPERS FILED At SEATTLE SATURDAY
WANT INJUNcTIoNS ISSUED PRE-
VENTING COMMISSION FROM
ENFORCING FINDINGS.
PAPERS FILED At SEATTLE SATURDAY

Both the Northern Pacific and the
Great Northern have entered cross
| complaints in the suit instituted by
the Oregon Railway & Navigation
company to annul the joint rate rul
ing of the Washington state railway
commission, says the Seattle Post
Intelligencer Papers were filed yes
terday afternoon in the United States
circuit court for the western district
of Washington. Both roads pray that
an injunction be issued preventing the
state authorities from enforcing their
findings and orders in regard to joint
tariff for wheat shipments from East
ern Washington to coast cities, and also
in the fatter of the rates decreed by
the commission for shipments from the
grain growing region to Bellingham.
The Northern Pacific cross complaint
is directed against the 0. r. & N, the
members of the Washington state rail-
way commission, the attorney general
of the state and the Great Northern.
1t recites that some years ago the
Northern Pacific made a join rate con-
tract with the Washington & Columbia
River Railway company for inter-
change of cars with grain shipments at
Hunts junction. This arrangement 1t
is stated, has continued in force since
the smaller road was acquired by the
Northern Pacific. Sixty per cent of the
freight traffic on the Washington &
Columbia River road is alleged to arise
from the wheat business.
"Common Points" Named.
The document further points out the
fact that the O. R. & N. reaches Hunts
junction, Waitsburg and Dayton, on the
Washington & Columbia River lines,
and Wallulu, Oaksdale, Garfield, Pull
man Spokane and Council as "com-
mon points" on the Northern Pacific.
1t is further stated that Spokane is the
only common point" between the
Great Northern and the o. r. & N.
The cross complaint says the North
ern Pacific and o. r. & N. are COM
petitors for the same traffic. 1t OBJ
jects to the order of the state railway
commission on the ground that the
joint rate enables the o. R. & N. to
accept Shipments of wheat for Puget
sound and. after hauling the grain
over a portion of it's lines, to force
the Northern Pacific to complete the
haul to tidewater and thus divide the
proceeds of the business. This order,
it is maintained will deprive the
Northern Pacific of it's property rights
and right of contract without due pro-
cess of law.
Commission Findings Reviewed.
The findings of the state railway
commission at Colfax, after the hear
ing beginning June 20, are recited and
reviewed.. he ODJtCllOIlS llldue ny lHC
railroad ompany-alleging that the
commission had no jurisdiction and no
and that the act under which the COM
mission proceeded is unconstitutional,
thus making the proceedings void
are all reiterated.
AS to the order requiring terminal
Bellingham, the Northern Pacific alleg-
es this is void on the argument that
thirty DAYS notice of the full scope
of a complaint must be given when
ever a complaint such as that made
by Bellingham is presented, and that
such notice was not furnished. Fur
thermore. the Northern Pacifis declares
that 10 IL cents per hundred weight
to Bellingham is insufficient compen-
sation for the traffic involved. 1t cites
the session laws of Washington of 1897,
not repealed. in which s4,25 per ton
is described as the maximum rate per
ton for wheat haul of $50 miles. The
rate fixed by the commission, the
cross complaint asserts is less than the
legal one and is therefore void
The state railway commission law is
alleged to be unconstitutional on the
ground that it discriminates between
common carriers, not subjecting cleo
trio lines to the same restrictions, and
that it does not provide a fair hearing
offering no chance for redress.
Great Northern Points Similar.
The Great Northern cross-complaint
is similar to that of the Northern Pa
cific in general text. 1t describes Spo-
kane as the only common point in
Eastern Washington of the Great
Northern with both the Northern Pa
cific and the o. r. & n. on the joint