The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1907-12-07
ENFORCEMENT BY STATE RAIL
ROAD COMMISSION Is
RESTRAINED.
Judge Hanford Holds Order Of WASH
inston State Board to Be in Effect
an Attempt to Regulate Interstate
Commerce, and Therefore illegal.

Injunction restraining the state rail-
road commission from enforcing its
Joint rate order of September 20.
This order compels the o. r. & N.
and the other cross-complainants to
carry wheat from loading places on
the lines of the complainant road, by
a continuous haul, to destination
points beyond the line of the railroad
to which the wheat may be first de-
livered for 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 a tendency to
restrain trade between Portland and
the Washington wheat districts and
would, therefore, be unlawful under
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 on interstate commerce.
ID Provisions of the Order.
The suit, which has been in the
courts for the past two months, was
brought by the O. R. & NJ, and later
joined, in cross-complaints, by the
Great Northern and Northern Pacific.
It was designed to obtain judicial
decree annulling an order made by
the Washington state railroad COM
mission requiring the carriers to op-
crate their railways as connecting
lines to haul wheat, when so routed
by shippers, continuously from all
loading places within the state of
Washington, east and south of Spo-
kane and Wallula, 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
i've at once, was promulgated after a
hearing at which producers and ship
pers of wheat aud the carrier COM
panies were permitted to submit evil
dence and arguments.
! In an opinion delivered previous to
this, the commission stated that GER
tain charges on wheat on the con-
Meeting lines of the state were ex-
cessfve, and that the O. r. & N. in
this state must charge the same pro-
portionate rate as does the Great
Northern and Northern Pacific
Commission Attacks Jurisdiction.
The commission entered a demur-
rer, which was argued at length be-
fore Judge Hanford. It 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 a suit can
not be brought by a foreign individ-
ual 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 conn
mission held that the railroads = had
ample relief, this was the main point
presented. The commission alleged
that it in nowise violated the inter-
state commerce act, but was wholly
within its jurisdiction. ~ ss
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
Hanford held that he had Jurisdiction
] The court stated further that the
order complained Of was made to con-
fer benefit upon the producers Of
wheat in the regions OF the state Of
Washington served by the o. r. &
N. by placing them upon an equality
with those shippers served by the
49, y - 4 -.