The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-02-22
CASE Ruling
JUDGE HANFoRD HOLDS THAT
COMMISSION HAS NOT RATE
MAKING POWER.
Attorney General Says Ruling Of State
, Court, If Contrary to Federal Court,
Will Prevail Governor Talks Of an
Extra session-No Alarm Felt Over
Decision.

Extra session-No Alarm Felt Over
Decision.
Olympia, Feb. 15.-In sweeping
decision handed down yesterday in
Seattle, Judge C. H. Hanford of the
federal court holds that the state rail-
road commission of Washington is
without rate-making power, having
only investigating and advisory author
ity, the right to fix rates on state traf-
fic resting only with the state legisla-
ture. The decision was handed down
in the joint wheat rate case on demur-
rers .interposed by the state.
State Courts Prevail.
Attorney General John d. Atkinson
looks upon the decision Of Judge Han
ford as not a matter for creating alarm
concerning the effectiveness of the
railroad commission. In an interview
yesterday he decried talk of an extra
session of the legislature. He said:
"The point upon which Judge Han
ford holds the law invalid must ulti-
mately be determined by our state
courts. The learned judge, of course,
until our state court passes on the
point, has right to construe the state
law with reference to the state consti-
tuition, but when the state courts pass
upon this point their construction be-
comes final and binding upon all fed
eral courts.
"The construction of the state con-
stitution in this instance does not in
volve federal question as the con-
struction of any federal law or portion
of the federal constitution. That is
why the decision of the state supreme
court will take precedence over any
ruling by the federal courts.
No Cause for Alarm.
"The same point has been decided
favorably to the state by Judge Chad
wick, and I entertain very confident
belief that the supreme court of this
state will hold that the legislature can
under our constitution authorize the
railroad commission to fix rates.
| II see no occasion for immediate
alarm. Cases are pending in the state
courts in which this point will be de-
cided at an early date. Until the
state courts hold against the law the
commission can pursue the even tenor
of it's way"
| Assistant Attorney General A. J..
Falknor who is representing the state
in all the railroad cases, said that he
concurred in the opinion expressed
by Mr.. Atkinson.
Governor Mead's Views.
In answer to an inquiry as to the
effect of Judge Hanford's decision on
the so-called joint wheat rate case,
Governor Mead gave out the following
interview:
II have just read the decision Of
Hon. C. III. Hanford overruling the de-
murrer in the so-called joint wheat
rate case. The crucial portion of the
decision is found in the latter portion
thereof, wherein the court holds that,
under section Is of article IL of the
constitution of this state, the power to
establish and fix minimum freight and
passenger rates is reserved to the leg
islature and cannot by it be delegated
to a commission. Quoting the Ian
guage of Judge Hanford: An order
promulgated by commission created
by the legislature is not a law and
cannot be enforced as a law without
overriding the clearly expressed dec
laration Of the constitution
The principle enunciated by Judge
Hanford does not come to the student
of this question as startling surprise,
even though he may not agree with
the conclusion reached by him. In
my message to the legislature In jan
uary, 1905. after quoting the constitu-
tional provision referred to by Judge
Hanford, made use of the following
language:
I am advised that difference of
opinion exists among eminent mem
bers of the bar of this state concern
ing the constitutional right of the leg
islature, under the section quoted, to
empower such a commission with the
Authority to establish maximum rates
for transportation Of passengers and
freight, and with power to correct
abuses and prevent discrimination in
freight and passenger tariffs on the
different railroads and other common
carriers in this state. Those chal-
longing the right Of the legislature
to delegate these powers hold that q
railway and transportation commission
could perform only such duties and
powers as are not specifically reserved
for legislative action
Two Courses Open.
1.-THE decision is very far-reaching,
declaring in effect that the legislature
cannot authorize q commission to fix,
regulate or establish freight or pas
lsenger rates, as under our constitution
this can only be done by regularly en-
acted laws. Two courses are open to
secure rate regulation under this de-
cisi0n: one is through legislative en-
actment, the other is by amendment