The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1907-06-20
JOINT RATE
ORDER KILLED
Is Dismissed al Request Of
Commission

SEATTLE Wash, June 20.-Wlen
the Washington state railway COM
mission appeared in the federal court
Yesterday to comply with Judge c. H.
Hanford's order requiring it to show
cause WHY it should not be restrained.
on request of the Oregon Railroad &
Navigation company, from carrying
out its program, set for Friday, June
2, of hearing complaints as to the in
terchange of traffic between the vari-
GUS railroads of the state A. j. Falk-
nor, assistant attorney general, moved
for a dismissal of the case on the
ground that the commission had abro-
gated it's joint rate order of last Au-
gust. injunction had been issued in the
United States court. He also asked
that the entire action, otherwise to
have been heightened by the addition
Of a supplemental bill asking that this
restraining order be made permanent.
he dismissed and thus leave the slate
clear for test of the joint rate leg
islation passed by the last legisla-
turc.
After several hours elaboration
Judge Hanford ordered the case dis
missed and required the commission to
pay the cost of the action. The point
made by the counsel for the COM
mission was that by establishing
new Joint rate on wheat last month it
had annulled it's former order and
admi I'd the railroad cOmpany's claim
in this specific suit thus leaving moth
ing to ltigate Since the supplement
al bill is based on the old order, it
establish the unconstitutionality of the
act creating the railroad commission.
The original bill fled by the Ore
gon Railway & Navigation against the
railway commission, which sought an
injunction against the commissioners
order August /, 1906, establishing
joint rate on Wheel states that the
commission required the railroad COM
pany, upon the demand of any Skipper
along the line, to maui wheat in car
load lots to Wallula Junction, there
to be delivered to the Northern Pa
cifc or to Spokane for delivery to the
Great Northern. 1t fixed a maximum
rate of 10 IA cents per hundred
pounds, or $3S5 pei ton, for the EN-
tire haul over all lines, but did not
fix the division between the carrier
companies. This resulted from hear
ing held in eastern Washington last
summer. The bill of the railroad COM
pany sought to secure a decree de-
claring the act creating the commits
sion unconstitutional, and alleged that
the joint wheat rate order was unreal
sOuahle and interfered with interstate
commerce.
Tne court then issued temporary
injunction, pending final decree, re-
straining the commission from enfOrc-
ing it's joint rate order.
In it's supplemental bill filed few
weeks ago, the railroad company asks
that the injunction be made permanent
and further asserts the proceeding be-
gun in the state court regarding the
validity of the joint rate violated the
courts order. 1t also accuses the COM
mission of seeking to divert ocean
shipments of wheat from Portland to
Sound ports.
Acting under amendments to the
state commission law. passed by the
last legislature the commission on
May Is formally revoked the joint
wheat order it had promulgated on
August L. but at the same time made
another directing the companies to ap-
pear on June q of this year to an
SWer complaints regarding joint traf-
fic. The O. r. & n. claims this paved
the way for another joint rate order
and to forestall this the company asked
the injunction be made permanent.