The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-10-20
RAILROADS OBJECT
PROTEST AGAlNSTPART OF ORDER
OF COMMISSION.
Blanket Prohibitions Against Rails
ing Any Rate Without Permis-
SION Held By Roads to Be Out
side Commission's Legal Right.
Appeal Considered.

Olympia, Dot. 1S.-To petition the
railway commission to modify q por-
ton OF its recently promulgated order
the general distance tariff,
railway men representing the three
transcontinental roads operating in
this state appeared before the commits
sion yesterday. It is not against the
general distance tariff itself that COM
plant is made, but against a proviso
attached to the order which absolute
ly prohibited the railroads from rails
ing any rate now in force or from max
ing any change in the classif1cations
now in existence without the consent
of the commission. The effect is to
compel the railroads to ask the COM
mission for consent to adjust freight
tariff if in so doing any rate on any
commodity is raised. That portion of
the order objected to is as follows:
Provided, however, that the tariffs
now in force, other than the distance
tariffs above specified, shall not be
changed SO as to increase the rates,
nor shall the said tariffs be cancelled
without first obtaining the consent
of the railroad commission of Wash
ington."
After a hearing lasting about two
hours the commission, Through Chair
man Fairchild, made it's ruling refus-
ing to modify the order.
Contentious of Railroads
The contention made by the rail-
way representatives is that the law
creating the railroad commission does
not invest it with power to make a
single rate except on complaint re-
ceived. They contend that the gen.
eral order affecting every rate in the
state is entirely hey ond the power of
the commission, and could safely be
ignored by the railroads. As ex-
planned to the commission, their chief
desire in securing resembling of that
portion of the general distance tariff
order is that the roads have been con-
templating the adjustment of the
Coast line rates, not with a view to
any general raise, but to eliminate
determinations now existing in the
rates.
As pointed out by Judge Grosscup,
to obtain the consent of the con-
mission" would really necessitate the
of hearing, and, un-
der the law, twenty days would elapse
before a determination could be
reached if the roads wished to raise a
single rate or change classification.
With no little vehemence Judge Gross
cup and other railway men con-
tended that the enforcement of the
order meant that the railway COM
mission had taken the authority of be-
ing the only rate making power in the
state.
Appeal Is Considered
At the conclusion of the hearing 1t
was announced that the commission
would not rescind the order. After
some discussion the commission agreed
to etxend the time of service ten days
in order to give the railroads time to
consider whether they would appeal
from the decision Of the commission
to the courts. Service of the order
was acknowledged by the railroads
on October 1, and is they have twenty
days in which to perfect an appeal it
would have been necessary for them
to prepare their case within the next
four days. The extension Of time
gives them until November l.
It is understood that the extension
was desired by the roads to enable
them to get together and discuss the
situation before taking any action.
Before the commission adjourned it
was intimated by Judge Gilman that
it might be possible within that time
to avoid the necessity of any appeal to
the courts.
n Nat Want Free SeAda