Vashon Island news. [volume] (Vashon, Wash.) 1907-19??, 1907-12-06
ENJO|NS joint RATE
ENFORCEMENT BY STATE RAIL.
ROAD COMMISSION is
RESTRAINED.
Judge Hanford Holds Order of Wash
insson State Board to Be in Effect
an Attempt to Regulate Interstate
Commerce, and Therefore Illegal.

Commerce, and Therefore Illegal.
Seattle. Nov. 30.---Iudge C. II. Han
ford in the federal court granted an
injunction restraining the state rail
road commission from enforcing lis
joint rate order of September 90.
This order compels the 0. II. & n.
and the other cross.complainants 10
carry wheat from loading places on
the lines ol the complainant road, by
a continuous haul, to destination
points beyond the line of the railroad
20 which the wheat may be first de
livered fer transportation, without
unloading and reloading at meeting
points of the connecting carriers The
decision also Restraints the commits
sion from compelling either of the
railroads to furnish cars to carry
wheat beyond It's own tracks.
The court holds that since the
vice of this order is in the require
ments that these interstate commerce
railroads shall combine together to
divert the wheat traffic from Port
land to the cities of Puget Sound, and
that the cars of the respective car
riers shall be subject TO use by all
of them as their common property
the order would have tendency to
restrain trade between Portland and
the Washington wheat districts and
ff,,.f, IL
the Sherman antitrust law. The
court holds that the order is an at
tempt to encroach upon the power TO
regulate interstate commerce vested
In the congress of the United States
by the constitution. and to impose
burdens en- interstate commerce.
Provisions OF the Order.
The suit, which has been in the
courts for the past two months. was
brought by the o. r. e n, and later
joined, in cross-complaints, by the
Great Northern and Northern Pacific
1t was designed to obtain judicial
decree annulling an order made by
the Washington state railroad com
mission requiring the carriers 10 op-
crate their railways as connecting
lines to haul wheat, when SO routed
by shippers, continuously from ali
loading places within the state of
Washington. east and south OF Spo-
kane and Wallulas to the seaport
cities of Puget Sound, and prescrib
ing the maximum rates of freight
charges. These charges were to be
paid in gross by the shippers and
then divided by the several carriers
participating in the service This or
der. made last September and effect,
live at once. was promulgated after
hearing at which producers and ship
Ipers Of wheat and the carrier com
lpanies were permitted to submit evil
dence and arguments
In an opinion delivered previous to
this. the commission stated that Ger
taiu charges on wheat on the con
Meeting lines of the state were ex-
cessive. ard that the o. r. e n. in
this state must charge the same pro
lportionate rate as does the Great
Northern and Northern Pacific,
Commission Attacks Jurisdiction.
The commission entered demur
rer, which was argued at length be-
fore Judge Hanford 1t alleged that
! the court had no jurisdiction in this
matter because the case was brought
in violation of the eleventh amend
ment. according to which suit can.
not be brought by a foreign individ-
nal or corporation against the officers
OF a state. Besides the urging of the
fact that similar case was pending
/ in the state courts, where the COM
mission held that the railroads had
ample relief. this was the main point
presented. The commission alleged
that it in nowise violated the inter
Fstate commerce act. but was wholly
within its jurisdiction
The commission further declared
that the railroads could not ask for
relief before the rate had become eff
fective, which was to have been Sep
TENDER 80, or in advance of final de-
cision by the interstate commerce
commission.
In his decision, however, Judge
lIanford held that he had Jurisdiction
The court stated further that the
order complaiiied of was made to con
fer a benefit upon the producers Of
wheat in the regions of the state Of
Washington served by the o. r. e
n. by placing them upon an equality
with those shippers served by the
Northern lines in order to divert traf-
fic to Puget Sound cities. where it is
worth more than IL delivered to Port
land
The court states that the iniunc-
ton viii not restrain the railroad
commission from issuing a supple