The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1909-03-05
COMMISSION
LAW GOOD
SUPREME COURT UPHOLDS
WASHINGTON RAIL-
WAY LAW.
Kate Making Power May Be Con-
stitutiOnally Delegated-Lines
Lose All Points in Wheat ROut-
ing Case Physical Track Con-
nection Order Upheld.

Olympia, March 2.-Three decisions
were handed down by the supreme
court yesterday affecting the rulings
of the railroad commission and invol
wing the constitutional questions tina,
have been before the public since the
passage of the commission law.
The most important of the three
cases decided grew out of the order
made by the commission in fixing joint
rates on wheat, and is an appeal by
the Great Northern Railway Com
pany.
The constitutional question of first
Importance raised by the appellant and
passed upon by the court was that,
under the constitution of the state the
power to fix rates was vested solely in
the legislature and that the power
could not be delegated to a commits
sion, but that all the detail of deter
mining rates must be embodied in a
law duly enacted by the legislature.
The supreme court sustained the law,
holding that the legislature in express
ing that rates shall be fair, just and
reasonable and sufficient, declares the
law, and that the details of working it
out are administrative and can be dele
gated to the commission. This is in
direct conflict with Judge Hanford s
decision.
The next point in importance passed
upon by the supreme court is on the
provision of the statute limiting the
hearing in the superior court to con-
sideration of the evidence introduced
before the commission. The railroad
contended that it was deprived of due
process of law when not permitted to
introduce new and original testimony
in the hearing in the superior court.
The supreme court holds the provision
valid and in no wise in conflict with
the Fourteenth amendment.
The next point passed upon was the
objection that the act attempts to con-
fer upon the commission legislative,
executive and judicial powers. The
court, in disposing Of this objection,
says:
"While there is no question that the
constitution of the state recognizes a
of the powers of the state into
three separate coordinate departments
legislative, executive and
judicial-it is we'll established that the
special jurisdiction of each is under
stood to be applied in limited sense,
and it is not meant that they must be
kept wholly and entirely distinct, with
ont anv connection or 6onopdouoo
whatever or connecting link between
them.''
The court also disposes of the ques-
ton raised by the defendants that due
process of law is denied the roads by
virtue of the particular proceeding pro-
vided. The contention is made that
the commission makes out the COM
plant and is therefore the accuser and
not proper tribunal to protect the
rights of the defendant road, and in
that it is not a proceeding under the
forms and with the machinery provid-
ed by the wisdom of successive ages. -
The court says:
claw is a progressive science and
must necessarily regard the changing
conditions of society and of the bust
ness of the country, and the legislature
and the courts Of today ought to be as
we'll qualified to provide machinery for
the guidance of the commission as was
the lawmaking power two hundred
years ago."
Declines to Pass on Penalties