Portland Railway, Light Power Company v. Railroad Commission of Oregon

• Decision Date: 10 June 1913
• Docket Number: No. 119,119
• Citation: 229 U.S. 397,57 L.Ed. 1248,33 S.Ct. 820
• Parties: PORTLAND RAILWAY, LIGHT, & POWER COMPANY, Plff. in Err., v. RAILROAD COMMISSION OF OREGON
• Court: U.S. Supreme Court

229 U.S. 397

33 S.Ct. 820

57 L.Ed. 1248

PORTLAND RAILWAY, LIGHT, & POWER COMPANY, Plff. in Err.,

v RAILROAD COMMISSION OF OREGON.

No. 119.

Argued May 1 and 2, 1913.

Decided June 10, 1913.

This case originated in a complaint made by the municipal corporation of Milwaukie, in the state of Oregon, before the railroad commission of that state, seeking an order restraining the Portland Railway, Light, & Power Company, the plaintiff in error, operating a system of street railways in the city of Portland, Oregon, and certain suburban roads in connection therewith, from practising certain alleged discriminations in rates of fare, and fixing reasonable fares between the city of Portland and the town of Milwaukie. Upon hearing, the railroad commission found that the fares charged by the railway company were unjustly discriminatory against the inhabitants of Milwaukie, and ordered a reduction between Milwaukie and Portland from 10 cents to 5 cents, and ordered the railway company to furnish to the passengers traveling between such points the same transfer privileges as were given to passengers on the Mt. Scott line of the plaintiff in error. The circuit court refused to enjoin the enforcement of the order of the commission, and this judgment was affirmed by the supreme court of Oregon. 56 Or. 468, 105 Pac. 709, 109 Pac. 273. The case was then brought to this court upon writ of error.

An idea of the physical situation of this railroad may be had by an inspection of the attached plat, which may be used for illustration, and which is reproduced from one appended to plaintiff in error's brief (the city limits of Portland being represented by the dotted line).

The circuit court made the following findings of fact:

'1. That the plaintiff Portland Railway, Light, & Power Company is a corporation duly organized and existing under and by virtue of the laws of the state of

[NOTE: MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE (GRAPHIC OR TABULAR MATERIAL)]

Oregon, and owns and operates by electric power a suburban and interurban railroad as a common carrier in this state, between First and Alder streets in the city of Portland, and Canemah, Clackamas county, Oregon, known as the 'Oregon City division,' and also a line of railroad from said First and Alder streets to Lents and Lents Junction, Multnomah county, Oregon, known as the 'Mount Scott division' and also a line of railroad from a point known as Golf Junction, on the first-mentioned line of railroad, easterly and southerly through Multnomah county to Nickum, Gates, and Cazadero, in Clackamas county, Oregon, said Nickum, Gates, and Lents being points outside of the city of Portland, Oregon.

'2. That the defendant is the duly appointed, organized, and acting railroad commission of Oregon, under the provisions of chapter 53 of the Laws of Oregon for the year 1907.

'3. That the town of Milwaukie is a municipal corporation duly organized under and existing by virtue of the laws of the state of Oregon.

'4. That the Portland Railway Company is a corporation organized and existing under and by virtue of the laws of the state of Oregon. That its street cars are operated by electric power within the city of Portland and to the city of St. Johns, Multnomah county, Oregon, and that it is a common carrier. That a majority of the capital stock of the said Portland Railway Company is owned by the plaintiff herein; and that the said Portland Railway Company and the plaintiff herein are operated under a common management.

'5. That plaintiff has established rates of fare for the transportation of persons traveling as passengers traveling upon its said line of railway and between different points upon its said railways and its said terminus at First and Alder streets in said city of Portland, and between Golf Junction and the places and points named below, the following rates, fares, and charges being those so established and the distances being as given below:

                                     Between Portland and
                 
                                    On Oregon City Division
                 
                    Golf Junction (within
                     city of Portland)...... 5.36   miles  5  cents
                    Lambert................. 5.93     "   10    "
                    Knight.................. 6.29     "   10    "
                    Hendee.................. 6.44     "   10    "
                    Milwaukie............... 6.71     "   10    "
                    Island.................. 7.05     "   10    "
                    Milwaukie Heights....... 7.70     "   15    "
                    Courtney................ 8.30     "   15    "
                    Oak Grove............... 8.48     "   15    "
                    Center.................. 8.68     "   15    "  
                    Risley.................. 9.26     "   15    "
                    Oregon city............ 14.47     "   25    "
                    Canemah................ 15.47     "   25    "
                                                             
                                    On Mt. Scott Division
                 
                    Reservoir (within city
                     of Portland)........... 4.69     "    5    "
                    Lents................... 7.69     "    5    "
                    Lents Junction.......... 8.31     "   10    "
                 
                                   On Springwater Division
                 
                    Golf Junction (within
                     city of Portland)...... 5.35     "    5    "
                    Nickum.................. 6.51     "    5    "
                    Kerrigan................ 7.26     "   10    "
                    Bell.................... 8.51     "   10    "
                    Kendall................. 9.32     "   10    "
                    Lents Junction......... 10.71     "   10    "
                    Gilbert................ 11.65     "   10    "
                    Gates.................. 12.38     "   10    "
                    Wilson................. 13.00     "   15    "
                    Sycamore............... 13.48     "   15    " 
                    Jenne.................. 14.42     "   15    " 
                 
                

                                   Between Golf Junction and
                 
                                    On Oregon City Division
                 
                    Lambert .................. .57    "    5    "
                    Knight ................... .93    "    5    "
                    Hendee..................... 1.08  "    5    "
                    Milwaukie.................. 1.35  "    5    "
                    Island..................... 1.69  "    5    "
                    Milwaukie Heights.......... 2.34  "   10    "
                    Courtney................... 2.94  "   10    "
                    Oak Grove.................. 3.12  "   10    "
                    Center..................... 3.32  "   10    "
                    Risley..................... 3.90  "   10    "
                    Oregon City................ 9.21  "   20    "
                    Canemah................... 10.21  "   20    "  
                                                       
                                   On Springwater Division.
                 
                    Nickum..................... 1.15  "    5    "
                    Kerrigan................... 1.90  "    5    "
                    Bell....................... 3.15  "    5    "
                    Kendall.................... 3.96  "    5    "
                    Lents Junction............. 5.35  "    5    "
                    Gilbert.................... 6.29  "   10    "
                    Gates...................... 7.02  "   10    "
                    Wilson..................... 7.64  "   10    "
                    Sycamore................... 8.12  "   10    "
                    Jenne...................... 9.07  "   10    "
                 

'6. That the distance between Lents and the limits of the city of Portland on said plaintiff's line of railroad is 3.50 miles. That the station of Hazelwild on plaintiff's said Mt. Scott line is a mile and one half from Lents, and 2 miles outside the limits of the city of Portland. That the distance on the line of the said Portland Railway Company from the terminus of said company near First and Alder streets in the said city of Portland, to the terminus in the city of St. Johns, Oregon, is to wit: 9 miles. The distance from the said terminus in the city of Portland, Oregon, to the city limits of the said city of St. Johns, is about 7 miles, and from there to the terminus in the said city of St. Johns proper is about 2 miles.

'7. That the aforesaid places are suburbs of the city of Portland.

'8. That plaintiff's predecessor acquired about 4 miles of track and right of way which extended from Mt. Tabor Junction and Lents, on the 13th day of April, 1901, by and pursuant to an agreement wherein and whereby it was agreed in consideration thereof that not more than a 5-cent fare should be charged by plaintiff's said predecessor, its successors and assigns, for any ride between Lents and Portland. The plaintiff is carrying out said agreement. The said track and right of way are facilities, among other facilities, used by the plaintiff in the transportation of passengers between Lents and Portland.

'9. That before and at the time said Lents contract was entered into, the population of the territory contiguous to said railroad was small. That now the population of said territory is about 10,000; and the value of real estate in Lents and said territory has increased rapidly. That the said increase in population and land values has been and is due in a great measure to the fact that the plaintiff has charged and is charging but 5 cents for transportation of passengers between First and Alder streets in the city of Portland, and Lents, and intermediate points.

'10. That at the time said Lents contract was entered into the town of Milwaukie had a population of about 500 people; that at all times since said Lents contract was entered into the plaintiff and its predecessor companies have charged 10 cents for the transportation of passengers between First and Alder streets in the city of Portland and the town of Milwaukie. That since the 5 cents fare between Lents and Portland has been in operation it has caused the said Lents and Lents territory to increase in population as aforesaid, and said land values in said Lents and Lents territory to increase in value as aforesaid, and has stagnated the growth and population of the town of Milwaukie territory, and its business has not appreciably increased.

'11. That by reason of the fact that the inhabitants of the town of Milwaukie are charged double the fare charged the inhabitants of Lents for transportation between their respective residences and the city of Portland, the inhabitants of the town of Milwaukie have paid to the plaintiff large sums of money in the aggregate for transportation...