Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-02-15
HARD BLOW TO
STATE OFFICIALS
Federal Judge Says Railway Com
mission Cannot Fix Rates


Judge c. H. Hanford of the federal
court has handed down decision
in the joint wheat rate case Of the
railroad commission against the D.
r. & N. IN which, If the decision is
upheld, he practically knocks out
the usefulness of the commission
The decision is so drastic that Gov
ernor Mead will give immediate at
tention to the question of special
session of the legislature 10 consider
submitting at the next general cleo
ton an amendment to the state con-
stitution that will allow adequate
power to be bestowed upon the state
railway commission.
Attorney General Atkinson does
not believe the Hanford order is a
serious setback. He holds that the
state courts are the supreme judges
of constitutionality of power bestow-
ed upon purely state commissions.
Judge Hanford's Ruling.
Under Judge Hanford's ruling the
commissioners have no authority to
try to fix the traffic rates on any COM
modities, the decision holding that
the right to make rates is vested Only
with the state legislature. The case
will be Immediately carried to the SUI
preme court of the United Gtates
If the ruling is upheld by the SUI
preme court the state commission
will only have power to take Lesti-
mOny and gather data relative TO
rates and forward this to the iegis-
lature with recommendations for fix
ing rates. The decision says IN part:
81 hold also. that assuming 10 pre-
scribe joint rate, varying from the
maximum rate established by law
enacted by the Legislature the. rail-
way commission exceeded the pow
ers which could not be Conferred up
on it by law not repugEant to the
constitution of the staIe. This is so
for the reason that, bv the 9Th sec
tion of article ~ of the constitution,
the legislature is specifically requir-
ed to pass laws establishing reasona-
BILE maximum rates to be charged for
the transportation of passengers and
freight. BY this the constitution re
quires that rates shall be established,
that is to say, fixed by competent au-
thority for all shippers. so that there
shall be no discrimination; the rates
are to be reasonable, and by neces-
sary implication discretion must be
exercised in the determination of
what is reasonable; the power to es-
tablish rates and exercise discretion
is given to the legislature, and the
manner of establishing rates is to be
by passing laws.
The laws of the state are requir-
ed to be enacted by the senate and
house of representatives, with pre-
scri5ed formalities, and to be sub
mitted to the governor for his appro
val, and laws can not be passed il
any different manner.
IAN order promulgated by a com
mission created by the legislature is
not law and can not be enforced az
a law, without overriding the clear
ly expressed declaration of the con-
stitution. Reflection has led me to
the conclusion that in the decision
upon the application for an injunc-
tion pendente lite the court erred in
announcing that If the carriers shall
cooperate to haul wheat as it may
be routed by shippers. the rates pre-
scribed by this order viii be the max
imum collectible for a continuous
haul unless proved to be insufficient.
unfair and unreasonable AS at pres
ent advised must hold that the
maximum rates are as fixed by the
law enacted by the legislature :