The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-10-31
RAILROADS FACE ASSESS
MEMT OF THREE Mill.
ION DOLLARS.
Failure to Obey Order of State
Railroad Commission as to Pbv.
Steal Track Connections the
Keason-Order Fought on Con-
stituti0nal Grounds.

'lie track connection order of the state
railroad commission of May 10, 1907.
are admitted to be possible of assess.
ment by the counsel for the O. R. &
N. in briefs in the supreme court in
the appeal from the order mentioned
In the foregoing.
Inc amounts are given in the briefs
IN support of the argument that the
railway commission law of this state
Is unconstitutional because of excessive
penalties, thus making it necessary to
comply with the orders of the commits
sion rather than resort to the courts for
decision as to- the validity and rea-
sonableness of the orders. The law
provides that for each day of the con-
tlnuance OF refusal to comply with an
order requiring physical track connec-
lions at junction points between rail-
roads penalty attaches of $3.50 to be
recoverable by appropriate proceedings.
The track connection order was pass
ed May 13, 1907, and the question of
its validity will be be presented to the
supreme court probably November 10.
Ii decision be reached by the early
part of 1909, twenty months will have
elapsed before such decision.
The commission order contemplates
the laying of track connections at eight
different places, involving possible
penalty of 50, 600 a day for each day of
neglect to comply with the order, or
approximately $780, month. This
aggregates in penalties against the O.
r. & N. 1000, 900, and against the
Northern Pacific an equal amount,
with somewhat lesser amount as to
the Spokane & Inland
The attorneys for the railroads, how
ever, take pains not to admit that the
penalties could be collected if the law
be sustained, declaring that the for
FIXTURES in this particular case will not
run because the commission has not in
cluded an order distributing the cost
of the connections. The possible fines
are pointed out as weakness of the
statute.
In the one case already presented to
the supreme court, known as the ''po-
tato case,'' involving joint rates on
that commodity, and on hay, oats and
barley, the railroad copmanies refused
to go into the constitutionality of the
law. In that case the decision of the
supreme court was against the railroad
commissions order.
Railroads Attack Law as Whole
In the appeal blythe state from deci-
sion setting aside the commissions or
der giving Aberdeen, South Bend and
Bellingham terminal rates, the same
situation exists, the railroads refusing
to enter into discussion of constitu-
tional questions. The railroads are the
appellants, however, in the track con-
nection and joint wheat rate cases, as
the commission orders have been sus-
tanned by the superior court, and IN
both cases the railroad attorneys file
lengthy briefs almost entirely devoted
to attacking the constitutionallty OF
the law. Both the latter cases proba-
bly, will be heard by the supreme court
November IL.
In addition to the contention that
the law is unconstitutional because OF
the excessive penalties imposed for VI
olation of the commissions orders, 1t
is argued that the act is unconstltu-
tional upon further grounds as follows:
That the legislature has conferred
legislative authority upon the commits
sion in contraventiOn OF its own pow
ers under the constitution;
That the law denies the railroads
enual protection of the law, in VIOLA
tion of the United States constitution,
because adequate or effective judicial
remedies are not provided to deter
mine controversies over the reasona-
bleness of the commissions orders;
That the law intermingles legisla-
tive. executive and Judicial power IN
the railway commission, which, al
though not specifically prohibited by
the constitution, it is commended Is con-
trary to the genius OF state govern
ment.
r. is also commended in the joint rate
cases that the fixing of joint rates by a
state commission is an interference
18th interstate commerce and that the
maximum rate laws of 1898 and 1881
are not ToD6dlOu ny oAAO
mission law and that the commission
has attempted to go beyond the llmlta-
tions of those statutes
What is said to be the first time an
extract from one of William jennings
Rrvan's political speeches has Deen
onoted in support of a railroad compa-
py,s legal argument is found IN the
hy;ef of the O. r. & N, written oy
Attorney Zera Snnow, of Portland.
The extract from speech delivered
~ Rrvan in Chicago last September Is
"a man must be more THAN human
= combine within himself the delloer-
at;ons of a legislator, the zeal OF .
n nv,s and the impartiality OF .
Judge : snnnort Of the
ra,nent that the legislature CANNOT
a = E Far Legislative, executive and Juol-
c;al powers upon railway commits
sion.