State v. Railroad Com'n of Washington

• Decision Date: 21 November 1907
• Citation: 47 Wash. 627,92 P. 457
• Court: Washington Supreme Court
• Parties: STATE ex rel. GREAT NORTHERN RY. CO. et al. v. RAILROAD COMMISSION OF WASHINGTON et al.

92 P. 457

47 Wash. 627

STATE ex rel. GREAT NORTHERN RY. CO. et al. v. RAILROAD COMMISSION OF WASHINGTON et al.

Supreme Court of Washington

November 21, 1907

Appeal from Superior Court, Walla Walla County; Thos. H. Brents Judge.

Petition by the Great Northern Railway Company and others to review the action of the railroad commission of Washington and others in adjusting rates. From an order sustaining a demurrer to the petition, the railroad commission appeals. Affirmed.

John D Atkinson, E. C. Macdonald, and A. J. Falknor for appellants.

M. J Gordon, L. C. Gilman, B. S. Grosscup, and W. W. Cotton, for respondents.

FULLERTON, J.

The railroad commission of Washington, on receiving complaints in writing, to the effect that the freight tariff charged by the several railway companies operating in the state of Washington from Walla Walla to other places in the state were in excess of the charges for similar commodities shipped to the same places from certain other points and were unjust and discriminatory, within the meaning of the act establishing a railroad commission, instituted an inquiry to ascertain the correctness of the charge. To that end, it prepared a complaint embodying the charges and caused the same to be served upon the railway companies named, together with a notice to the effect that the matter complained of would be inquired into at a hearing to be held at Walla Walla on a certain date named in the notice. The complaint so filed and served contained among others the following allegations '(15) That said defendant railroad companies, the Northern Pacific Railway Company, the Great Northern Railway Company, and the Oregon Railroad & Navigation Company, and each of them, have promulgated, adopted, and filed with the railroad commission of Washington, and have now in use, what is known as class and commodity rates on freight consigned from Seattle, Tacoma, Everett, Snohomish, Bellingham, and Spokane to other points in the state of Washington, which rates so shown and enforced are fair, just, and reasonable rates and charges. (16) That all shipments in less than carload lots from other points in the state of Washington, excepting the special freight rates hereinbefore referred to, from Walla Walla, are governed and controlled by the distances tariff promulgated and enforced by the different defendant railroads, and each of their distance tariffs have been filed with the railroad commission of Washington. (17) That the distance tariffs charged and enforced by the defendant railroads are greatly in excess of the commodity tariffs above mentioned, and in many instances double the amount of the commodity tariff for like distances under similar conditions, particularly in that portion of the state known as Eastern Washington. (18) That, by reason of these facts an unjust discrimination exists, the railroads unjustly discriminating in favor of one locality as against other localities, in this: That freight originating in Spokane and destined to other points in Eastern Washington, to wit, Colfax, Garfield, Sprague, and other points, can be and is carried for approximately one-half the sum that similar freight originating at other points, to wit, Colfax, Garfield, and Sprague and other stations of like distance to Spokane and other points in Eastern Washington can be and is carried under similar conditions. (19) That said distance tariffs as charged by said defendant railroads are unjust and unfair and greatly in excess of what would be a fair, just and reasonable rate, and the same are unjustly discriminatory against other localities other than those possessing special commodity rates, and the same should be modified and changed, and a fair, just, and reasonable rate or rates substituted therefor.' A hearing was had at Walla Walla on the date named, at the conclusion of which the commission found the facts substantially as they were set forth in the complaint. It thereafter entered the following order: 'This cause coming on for hearing on the findings of fact filed herein, and it appearing to the commission this cause has already been regularly heard, evidence having been introduced by and on behalf of complainant and by and on behalf of defendants, the cause having been duly argued and submitted and findings of fact having been filed therein, the commission being fully advised does now make the following order:

'That the classification of freight in the general distance tariffs promulgated and in force by the different defendant railroads, and numbered as follows: 'Northern Pacific Railway Company, General Distance Tariff No. 14275-WRC No. X-21, Jan. 25, '04.

'All of page 2, except the commodity, live stock, in No. 17756-WRC, No. X-32, June 5, '05.

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