Pacific Coast Elevator Co. v. Department of Public Works of Washington

• Decision Date: 22 September 1924
• Docket Number: 18075.
• Citation: 228 P. 1022,130 Wash. 620
• Court: Washington Supreme Court
• Parties: PACIFIC COAST ELEVATOR CO. v. DEPARTMENT OF PUBLIC WORKS OF WASHINGTON et al.

228 P. 1022

130 Wash. 620

PACIFIC COAST ELEVATOR CO. v. DEPARTMENT OF PUBLIC WORKS OF WASHINGTON et al.

No. 18075.

Supreme Court of Washington, En Banc.

September 22, 1924

Appeal from Superior Court, Thurston County; Wright, Judge.

Proceedings before the Department of Public Works of Washington, composed of E. V. Kuykendall, Director, and others, to establish a rate chargeable by public warehouses. From judgment of superior court affirming an order of Department establishing a rate, the Pacific Coast Elevator Company appeals. Affirmed.

C. Alex McCabe, of Pomeroy, W. A. Toner, of Walla Walla, and Wallace McCamant, of Portland, Or., for appellant.

John H Dunbar and Raymond W. Clifford, both of Olympia, for respondents.

FULLERTON J.

On June 20, 1922, the department of public works of the state of Washington, on its own motion, filed before itself a complaint, alleging, among other matters, that the existing charges for handling and storage of grain and hay, and the existing practices and regulations affecting such charges made and exacted by the public warehouses in the counties of Walla Walla, Columbia, Garfield, and Asotin "are in many instances excessive, unreasonable, discriminatory, and unjust,' and declared that----

'Wherefore the department of public works of Washington will enter upon an investigation of such rates, charges, rules, and practices, and after hearing or hearings will declare and order what shall be just and reasonable charges, or regulations to be imposed or enforced, particularly for the season of 1922; to inquire into the feasibility of substantial uniformity of charges and practices in such region, and make orders in relation thereto, and promulgate such other and further orders as the facts may warrant.'

The cause was brought on for hearing at the city of Walla Walla on August 31, 1922, of which due and timely notice was given. At this hearing certain evidence was taken, whereupon the hearing was adjourned until October 22, 1922, at which time further evidence was taken. Thereafter the department made its findings and conclusions, and on November 10, 1922, entered a general order determining and fixing the rates and charges permissible to be charged by the owners and operators of warehouses within the territory described.

The order is as follows:

'Wherefore it is ordered that the operators hereinafter named post in a conspicuous place in their respective warehouses, and mail to this department within fifteen days from the date of the service of this order, a schedule of rates and charges applicable to the 1922 crop, effective as of July 1, 1922, as follows:

'A handling charge of $1.00 per ton, which charge shall include storage up to the 1st day of January, 1923.

'An additional 50 cents per ton for loading out in bulk.

'Storage 10 cents per ton per month, or major fraction thereof, after January 1, 1923.

'The actual expense of resacking grain when such expense is necessary.

'A weighing out charge of 10 cents per ton when reweighing is demanded by shipper.

'To wit:

'The Pacific Coast Elevator Company as to the following warehouses:

Riffle, Climax, Dry Creek,

Minnick, Paddock, Eureka,

Eastman, Shaw, Sudbury,

Dixie, Ennis, Lamar,

Tracy, Alto, Prescott,

Harbert, Valley Grove, Pomeroy,

Rulo, Whitman, Pedigo,

Thiel, Lowden,

Drum, Touchet,

"Interior Warehouse Company as to the following

warehouses:

Lamar, Dayton.

'Northwestern Dock & Elevator Company as to the following warehouse:

Thiel

Albert Guntley .................... Welland

Prescott Warehouse Company ........ Prescott

Pomeroy Farmers' Union Warehouse .. Pomeroy

Hervie M. Tidwell ................. Pomeroy

N.C. Donaldson ................... Pomeroy

F. M. Robinson .................... Pomeroy

Peder J. Bue ...................... Pomeroy

'It is further ordered that the following-named operators shall post in their respective warehouses and file with the department not later than May 15, 1923, effective July 1, 1923, the following rates and charges applicable to the 1923 crop and following crops until the further order of this department:

'A handling charge of 75 cents per ton.

'An additional 50 cents per ton for loading out in bulk.

'Storage charges after thirty days, 10 cents per ton per month.

'A charge for the actual expense of resacking grain when necessary.

'No charge for reweighing grain at time of shipping out.

'The operators required to file the above schedule of rates and the warehouses to which same shall apply are as follows:

'Pacific Coast Elevator Company:

Riffle, Climax, Dry Creek,

Minnick, Paddock, Eureka,

Eastman, Shaw, Sudbury,

Dixie, Ennis, Lamar,

Tracy, Alto, Prescott,

Harbert, Valley Grove, Pomeroy,

Rulo, Whitman, Pedigo.

Thiel, Lowden,

Drum, Touchet,

Interior Warehouse Company .......... Lamar

Interior Warehouse Company .......... Dayton

Paul and Nat Webb ................... Berryman

Hadley Warehouse Company ............ Hadley

Northwestern Dock & Elevator Co...... Thiel

Jones-Scott ......................... Walla Walla

Jones-Scott ......................... Russells

Stanfield Grain & Warehouse Co....... Sapolil

Albert Guntley ...................... Welland

Walla Walla Farm Agency ............. Walla Walla

Walla Walla Farm Agency ............. Dixie

Walla Walla River Warehouse Co....... Walla Walla River

Preston Shaffer Milling Company ..... Waitsburg

Waitsburg Farmers' Union Warehouse

Company ............................ .

'As to all stations operated by said company.

Turner Younger Warehouse Company .... Turner

Turner Younger Warehouse Company .... Dayton

Turner Younger Warehouse Company .... Whetstone

Prescott Warehouse Company .......... Prescott

E. N. McCaw ......................... Prescott

Bolles Junction Warehouse Company ... Bolles Junction

Owsley and Case ..................... Coppei

Mrs. S. J. Corbett .................. Huntsville

Homer E. Price ...................... Huntsville

Whetstone Turner Warehouse Company .. .

As to all stations operated by said company.

Portland Flouring Mills ..............................

"As to all stations operated by said company.

Pomeroy Farmers' Union Warehouse

Company .......................... Pomeroy

N.C. Donaldson ................... Pomeroy

Hervie M. Tidwell ................. Pomeroy

F. M. Robinson .................... Pomeroy

Peder J. Bue ...................... Pomeroy

Farmers' Warehouse Association .... Asotin

O. H. Woodward .................... Dayton

Davis Mill ........................ .

'As to all stations operated by said company.

John A. Cameron............................ Walla Walla

'And it is further ordered that the rates and charges of the following warehouse operators at the locations designated below be not changed or disturbed by this order:

Operator. Location.

Pacific Coast Elevator Company ........... Magallon

Pacific Coast Elevator Company ........... Walker

Pacific Coast Elevator Company ........... Sheffler

Pacific Coast Elevator Company ........... Mathews

Pacific Coast Elevator Company ........... Clyde

Pacific Coast Elevator Company ........... Judkins

Ilia Warehouse Company ................... Ilia

O. A Beckwith ........................... Rice's Bar

A. T. Longgood ........................... Starbuck

A. T. Longgood ........................... Powers Station

A. T. Longgood ........................... Relief

J. R. Stanfill ........................... Silcott

Earl and Roup Brothers ................... Couse Creek

Clyde Warehouse Company .................. Clyde

Pleasant View Warehouse--A. T. Longgood .. Pleasant View

P. V. Elevator Company ................... Pleasant View

J. L. Jackson ............................ Jackson Siding

Turner Younger Warehouse Company ......... Delaney

'And it is further ordered that Charles Dodge and E. E. Knettle and each of them shall post in their respective warehouses at Dodge and Zumwalt, and file with the department within fifteen days from the date of the service of this order, the following rates and charges applicable to the 1922 crop, effective as of July 1, 1922:

'A handling charge of $1.25 per ton, which charge shall include storage up to the first day of January, 1923.

'An additional charge of 50 cents per ton for loading out in bulk.

'A storage charge of 10 cents per ton per month, or major fraction thereof, after January 1, 1923.

'The actual expense of resacking grain when such expense is necessary.

'A weighing out charge of 10 cents per ton when reweighing is demanded by the shipper.

'And it is further ordered that said Charles Dodge and E. E. Knettle, and each of them, shall post in their respective warehouses at Dodge Station and Zumwalt, and file with this department not later than May 15, 1923, the following rates and charges, effective July 1, 1923:

'A handling charge of $1.00 per ton.

'Storage after thirty days of 10 cents per ton per month or major fraction thereof.

'An additional charge of 50 cents per ton for loading out in bulk.

'The actual expense of resacking grain when such expense is necessary.

'No weighing out charge.

'And it is further ordered that the R. L. Young Warehouse, or its operator, shall post in said warehouse at Central Ferry, and file with the department within fifteen days from the date of the service of this order, the following rates and charges applicable to the 1922 crop, effective as of July 1, 1922:

'A handling charge of $1.50 per ton, which charge shall include storage up to the 1st day of January, 1923.

'An additional charge of 50 cents per ton for loading out in bulk.

'A storage charge of 10 cents per ton per month, or major fraction thereof, after January 1, 1923.

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