The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1907-06-01
HARTMAN ANSWER
VIII NOT Open PORTLAND GATE.
Way FOR LUMBER.
Rio Surprise for Washington
Iumbermen--Test of Power Of
Interstate Commission to Fix
Io;nt Rate Probably Will Be
One Result.

Seattle, May 2S.-Calling into ques-
+ion the Jurisdiction and authority of
.ho interstate commerce commission
;+.ef the Oregon Railroad and Navi-
cation Company, through it's general
counsel. W. w. Cotton, makes the
most sensational negative answer yet
raceiyed by the lumber manufacture
ora, associations of Washington to
their application flor the opening Of
the Portland gateway to the Missouri
river territory and the Middle West.
The answer was received in the city
yesterday by counsel for the lumber.
men. This is the first reply received
from Hartman line in the contro-
versy and indicates that the Union
Pacific system is to stand with the
Hill lines in opposition to the opening
of the new gateway and the establish
ment of the joint rate. It means, fur
ther. a fight in the courts which will
eventually 60 to the highest tribunal
in the land to determine the constitu-
tionality of the new interstate COM
MERGE law which went into effect last
August. Lumbermen recognize in the
Hartman answer a blow at the COM
mission itself. which they designate
as Harriman's answer to what he be-
lieyes has been the unfriendly attitude
of the commission towards him.
Wording of the Act
Among the provisions of the act to
regulate commerce, effective last year,
is one reading as follows: "The COM
mission may also, after hearing on q
complaint, establish through routes
and joint rates as the maximum to be
charged. and prescribe the division of
such rates as hereinbefore provided.
The old law, before the passage of the
present act, did not grant the COM
mission this rate making power, and
the move of the Oregon Railroad and
Navigation Company is a direct at
tack upon it. The first act of the
compliments in bringing their case
before the interstate commerce COM
mission, will be to ascertain the COM
Missions opinion of its Jurisdiction in
the matter. Assuming that the COM
mission accepts jurisdiction, this will
then make the next move of the Ore
gon Railroad and Navigation Company
an appeal to the courts to determine
the constitutionality of the law under
which the commission is acting.
The o. R. & N, in its answer de-
clares in substance that the through
route and joint rate applied for are
not necessary at all to the complain
ants, that there are plenty Of routes
on the north side of the Columbia to
handle the eastbound lumber business
Of the state of Washington; that the
0. R. & N. has generally all it can do
to take care of the business original
ing in Oregon without taking on any
thing additional from Western Wash
ington; that any reduction in existing
rates would be Improbable; and, last
ly, it submits that the commission is
without the right, power, or authority
to compel or request this company to
enter into any such joint rate agree
ment as is desired by the complain
ants; that the company does not admit
Itself to be common carrier subject
to the regulation of the commission
except as to it's own line and the rates
70 be charged over it, without regard
TO other lines.