Arizona republican., 1909-03-16

f in excess of coast rates were intrinsic ally unreasonable and excessive, and prayed that the rates from east of Spokane be fixed by the commission
 and that in no instance should they be fixed greater than or in excess of coast
 rates.
 ''The list given in the petition was
 stated to be merely illustrative, and
 before the petition was filed the com mission announced that it would take
 notice of the tariffs on file and that
 they could be referred to in the peti-
 tion, and this was done.
 ''The commission is an administra-
 tive as well as a quasi judicial body
 and they were asked for suggestions
 as to the form of the petition, and
 suggested that it was desirable to
 avoid long lists or tables as a part of
 the petition. We understood that we
 were attacking all freight rates to
 Spokane which were unreasonable or which were in excess of the coast rates and at the suggestion of the commis- sion set out list much shorter than originally anticipated as illustrations.
 At the first hearing evidence was offered to show all discriminations to this territory; this applied to class and commodity rates. An alphabetical list was made by Mir. McCune and put in evidence without any objection. and at no time did the commission suggest, nor did the railway companies or their attorneys contend. that the petition did not cover the entire commodity list. The first suggestion of that nature is contained in the commissions decision.
 The alphabetical list begins with agricultural implements and ended with zinc and sulphate. Under the head of agricultural implements were various matters. such as blows, corn planters. harrows, seeders, cultivators, drills, etc. There were nearly 500 prin- cipal heads of this commodity list and many of them included a great number and variety of articles. For instance, under the head of machinery were in cluded more than fifty specified arti- cles. and under the heading of packing house products are perhaps as many or more than fifty. Many articles are included in almost every alphabetical head in the list. so that the commodity list vii cover 1900 or more commodi- l ties. This excludes the list upon which ! Spokane has as good a rate as the | coast.
 These tables also show the dis i against this territory as 1 compared with the coast in less than 1 carload lots, and also the discrimina- 1 tion against this territory by reason of l mixed car lots.
 Tn any court of law or equity | party is entitled to such relief as the | evidence submitted shows him or it to I be entitled, whether that evidence is | within the issues made by the petition l or not, if there is no objection to the | of such evidence. It seems | to me. therefore. clear that under the | issues as made. the commission should | have fixed rates upon all commodities, and the only explanation that I can see for not doing so is some possible legal objection which has not been set forth in the opinion"
 Unless the railroads take the initia- tive in voluntarily reducing rates in the meantime. steps will be taken at once by the shippers and merchants in Spokane to proceed with a supple nentary list to establish commodity -ates on all the items mentioned in the various schedules. The commission suggests this in its opinion.