Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-25

ly as to the rate property chargeable.
At the close of the testimony for
the plaintiff the court entered a
judgment for nonsuit from which the
plaintiff appeals.
Burnett, j.; The plaintiff declares
upon an original agreement of the
defendant to pay the freight at the le-
gal rate established in pursuance of
the interstate commerce law, alleging
that rate to be 60 cents per hundred
pounds, Both the agreement and the
alleged rate having been denied, it
was incumbent upon the plaintiff to
prove them. 1t may be remarked in
passing that there is no evidence in
the record showing that any contrac-
tual relations existed directly be-
tween the plaintiff and any of the
carriers mentioned in the pleadings.
At best it only shows that a con-
signor at Portland, Colorado. loaded
the property on a car and entrusted
1t to the Denver and Rio Grande Rail-
road company and directed its ship
ment to the defendant at La Grande.
The most that the testimony shows
in that respect is that the defendant
found his property in the possession
of the plaintiff at La Grande under
its claim of S16625 for freight, which
he paid, and received his property.
The principal question, however. in
this case hangs upon whether or not
the plaintiff offered sufficient proof
that the legal rate was 60 cents per
hundred pounds, as alleged in the
complaint The only testimony Of
fered on that question consisted of
extracts from freight tariffs Jointly
filed with the interstate commerce
commission by the plaintiff and other
railway companies participating in
the shipment, as mentioned in the
complaint Objection is made by the
defendant that these extracts were
not properly certified, but this was
practically abandoned at the argu-
ment. In addition to reciting his GUS
tody of the schedules and tariffs of
rates, the certifying officer, the secre-
tary of the Interstate commerce COM
mission, states that the copies had
been compared by him with the orig
lnals in his custody and that the
same are correct transcripts of the
parts thereof particularly specified in
said documents. This is a substan-
tial compliance with our statute on
that subject, L. o. L. Sec. III. The
secretary further states that these
extracts show "the combination
through rates based on Portland, Or
egon, and rules and regulations gov
erning the same applicable to a shin
ment of cement moving between April
10, 1907, and August Is, 1907, from
Portland, Colorado, to La Grande,
Oregon" and further states that
there are no through joint rates on
file with the said commission from
and to the said points of origin and
destination applicable to, said shin
ment between said dates" meaning
between Portland, Colorado and La
Grande, Oregon. 1t is the duty of a
certifying officer only to state what
his record shows in terms quoted in
the transcript 1t is not for him to
lmpart legal effect to the EXCERPTS
quoted. His statement that the ex-
tracts show the combination through
rates and rules and regulations gov
erning the same and that they are ap-
plicable to shipment are conclu-
slons of law and are not binding upon
the court, 1t is for the court to con-
strue the legal effect of documents
otered in evidence. L. 0. L. Sec. 1876
Within the meaning of this section If
was not error when the circuit court
refused to allow rate expert. pro-
uuced by plaintiff as a witness, to
construe the certified copies of the
extracts from the rate sheets above
mentioned and to declare to the iury
therefrom the amount of the legal
rate.
The first extract is from supple-
ment number II to the trans-conti
mental freight bureau, west bound
tariff number 4-C, effective June "a.
1908. 1t states that "the following
special commodity rates will apply
only from and to points designated.
eXcent that rates applying from Mis-
souri, River common points will apply
as maxima from Colorado terminals
and Colorado common points" It
gives the rate over the lines of the
companies mentioned in the com
plant on cement from Portland, Col
orado, to Portland, Oregon, at 35
cents per hundred pounds. 1t also
appears from a further extract from
the freight tariff Of the plaintiff filed
with the interstate commerce COM
mission that the special commodity
rate on cement from Portland. Ore
gon, to La Grande was 25 cents per
hundred pounds. A still further ex-
tract certified by the secretary from
the transcontnental freight bureau
circular number &C, filed October 6
1905, that rate applicable to or from
intermediate Pacific coast points as
published in current east bound and
west bound tariffs of the transconti-
mental freight bureau or subsequent
issues thereof will apply to or from
stations named herein on the lines oI
the 0. R. & N. Co. in Oregon, Wash.
ington and Idaho. o.......west bound
where lower through rate can be-
made by use of the terminal rate tC
Portland plus the local rate from
Portland to destination, such lower
through rate will govern" II alst
appears that Portland, Oregon, takes
terminal rate and La Grande takes
rates applicable to or from inter
mediate points Do these extract
thus certified prove the PLAINTIFF
allegation that so cents was tn,
legal rate for one hundred pounds
on a shipment of the kind in ques
tion from Portland, Colorado, to Ii
Grande, Oregon.
The plaintiff contends that 1t Il
not only entitled IN hut renuired I,