State ex rel. Northern Pacific Railway Co. v. Public Service Commission

Citations

• 95 Wash. 376

Syllabus

<p>Cakriers — Regulation oe Rates — Orders—Presumptions. Where an order of the public service commission was not superseded and became effective in twenty days, it will be presumed that it was complied with and therefore it cannot be objected to as too indefinite to be enforced.</p> <p>Same — Discrimination. A joint freight rate upon parallel roads is not shown to be discriminatory as resulting in a loss of all business by one of the roads, where the general freight agent of that road testified that the tariff could be so framed that it would not result in the loss of through shipments but would be available only to certain points.</p> <p>Same — Regulation oe Rates — Public Necessity. Public necessity for a joint freight rate does not depend upon the number of persons asking for the change, and may be based upon the application of but one person.</p> <p>Same — Regulation oe Rates — Milling Privileges — Jurisdiction oe Commission. The granting of milling privileges in transit must be without wrongful prejudice to the rights of other shippers, and its control is within the jurisdiction of the public service commission, under Rem. Code, § 8626-53, granting powers similar to those of the interstate commerce commission.</p> <p>Same — Regulation oe Rates — Service — Adequacy. A finding that a town was not properly served by a railroad, is warranted, where it appears that the road did not enter the town and the haul from its depot costs sixty cents per ton more than would be involved by another service which could be given by another road.</p> <p>Same — Regulation oe Rates — Discrimination—Due Process. A through joint rate, with milling privileges in transit at the town of P., a point on parallel roads, the same as other towns enjoyed beyond the termination of one of the lines, is not a taking of property without due process of law, because of the fact that it would deprive one of the roads of the business of mills located nearer the depots of the other road.</p> <p>Same —