43 Wash. 658 | Wash. | 1906
This ease depends upon the validity of § 2 of the act of 1905, requiring .railroad companies and other
“has ever been and now is ready and willing to furnish cars to relator and others in the discharge of its duties as a common carrier, deducting from the freight charges in said service the actual weight of the cars and the usual equipments, including the actual weight of standards, supports, stays, railings, equipments, appliances, and appurtenances thereto, which weight will in no case exceed four hundred pounds per car, making its freight charges depend solely upon the actual weight of lumber or manufactured lumber product shipped upon such cars.”
The lower court held that § 2 of the act above referred to was unconstitutional because it requires the respondent to carry freight on each car free of charge, and is therefore a taking of property without due process of law.
We think this position must be sustained. If the legislature may say that the carrier must deduct one thousand pounds from the net weight carried, then there is m> limit to
Appellant contends that, it is. only where the regulation is so unreasonable as to result in depriving the carrier of its property thát the court will interfere and declare the regulation void, and that one thousand pounds is SO' small when compared with the weight of a carload of lumber as to. be immaterial. The first contention may be conceded, but as to the second, the weight of the standards and other equipments and the weight of cars used may be easily and accurately ascertained, and a reasonable regulation would require the carrier to weigh the cars and equipment when such weight becomes material in determining freight charges. Any regulation, therefore, which fixes the weight of cars or their equipment at less or more than the actual weight cannot be
A state cannot require a railway company to carry property without reward, or, as said in the Railroad Commission Cases, 116 U. S. 307, at page 331 (6 Sup. Ct. 331, 29 L. Ed. 636):
“This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward, hfeither can it do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law.”
See, also, Dow v. Beidelman, 125 U. S. 680, 8 Sup. Ct. 1028, 31 L. Ed. 811, and cases cited; Chicago etc. R. Co. v. Minnesota, 134 U. S. 418, 10 Sup. Ct. 162, 702, 33 L. Ed. 970. Under the conceded facts in this case; if the validity
Appellant also contends that the act contemplates that the shipper will furnish the standards, supports, etc., and the weight thereof will be'included in the weight of the lumber shipped upon the car. Section 1 of the act provides that the equipment named shall be considered a part of the car, and the weight of the equipment shall be added to the weight of the car. “So that the freight charges shall be charged by the carriers only on the cargo carried.” These are reasonable and proper provisions, but there is no provision in the act that the weight of the standards shall be included in the weight of the lumber, and then deducted, except as it may -be inferred from § 2, which is as follows:
“Sec. 2. Tor the purpose of this act,' the weight of such standards, supports, stays, railings, equipments, chains, appliances, contrivances, etc., provided for in the first section of this act, shall be, and the same is hereby fixed at 1,000 pounds, and in estimating and adjusting the freight charges on all lumber and manufactured lumber products carried on cars by a railroad company or other common carrier in this state, 1,000 pounds pier car shall in each case be deducted by such railroad company or other common carrier from the net weight of the lumber and manufactured lumber products so carried upon such car, and freight shall be charged on the balance only.” Laws 1905, p. 238, § 2.
If the words “net weight of the lumber carried” mean to include the weight of standards and other equipments with the weight of the lumber, then there would he force in the position that the weight of the standards is to be included in
The judgment is therefore affirmed.
Durbar, Crow, and Hadley, JJ., concur.