Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1908-02-22
JUDGE HaUF0RD RAPS
RAILROAD C0QJHIssI0N
State Railway Commission Dealt
Body Blow by Federal Judge.
Atkinson's Opinion.


the joint rate established by it, gov
erning the wheat traffic from the In
land Empire to tidewtaer. The decis-
ion says in part:
81 am still convinced that by the
averments of the complaints bill,
and the cross bills of the Northern
Pacific railway company and the Great
Northern railway company, considered
in connection with the findings of the
state railway commission, 1t is shown
that these three transcontinental rail-
ways cannot be compelled to pool their
interests in the wheat traffic without
imposing upon them burdens which
will cripple them as carriers of inter
state commerce and that enforcement
of the order made by the state railway
commission. requiring them to carry
wheat originating on the lines of the
complainant over the lines of the Nor
thern Pacific and Great Northern rail-
ways. to the seaport cities of Puget
Sound at joint rate, will have di-
rect effect upon interstate commerce by
dlverting the transportation of wheat
destined to foreign countries from
Portland to the ports of the Puget
Sound. However laudabe the purpose
may be from the standpoint of Wash
ington farmers, grain merchants and
millers, such a handicap upon compe-
ticlon in foreign trade by state author
tiles trenches upon the power of con-
gress to regulate foreign commerce and
justifies the carriers in invoking the
power of federal court to relieve
them from obligations to obey the
order. This view of the case is con-
sonant with the decisions of the su-
preme court holding. in effect, that
the states are by implication forbidden
to impose burdens upon interstate
commerce.
81 hold also that in presuming to
prescribe joint rate, varying from
the maximum rate established by a
law enacted by the legislature. the
railway commission exceeds the pow
ers which could be conferred upon it
by law not repugnant to the consti-
tuition of the state. This is so for
the reason that by section 18 of article
IL of the constitution, the legislature
is specifically required to pass laws
establishing reasonable maximum rates
to be charged for the transportation of
passengers and freight. By this the
constitution requires that rates shall
be established, that is to say, fixed by
competent authority for all shippers
so that there shall be no discrimina-
tlons; the rates are to be reasonable
and by necessary implication discretion
must be exercised in the determination
OF what is reasonable; the power to
establish rates and exc rcise the dis
cretlon is given to the legislature
and the manner of establishing rates
Is to be by passing laws. The laws
OF the state are required to be enact
eu oy the senate and house of repre-
sehtatlves, with prescribed formali-
Ties and to be submitted to the gov
ernor for his approval, and laws can
not be passed in any different man.
"er' An order promulgated by a
commission created by the legislature
Is not a law and cannot be enforced
as law. without overriding the
clearly expressed declaration of the
constitution. -
Attorney General John D. Atkinson
'ooNs upon the decision of Judge Han
iOrd In the joint rate case as not a
matter Tor creating alarm concerning
Tie effectiveness of the railroad com
mission law. In an interview he de-
cried talk of an extra session of the
legislature. He said:
Inc point upon which Judge Han
-Oro holds the law invalid must ulti-
''eiy be determined by our state