State ex rel. Pacific Inland Tariff Bureau v. Clifford

285 P.2d 569, 46 Wash. 2d 807, 1955 Wash. LEXIS 551
CourtWashington Supreme Court
DecidedJune 23, 1955
DocketNo. 33292
StatusPublished
Cited by3 cases

This text of 285 P.2d 569 (State ex rel. Pacific Inland Tariff Bureau v. Clifford) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Pacific Inland Tariff Bureau v. Clifford, 285 P.2d 569, 46 Wash. 2d 807, 1955 Wash. LEXIS 551 (Wash. 1955).

Opinion

Hamley, C. J.

The proceeding now before us is an outgrowth of the longstanding competition between certain railroads, motor carriers, and barge lines, in the transportation of petroleum products in bulk. This competition once before led to litigation which reached this court. See State ex rel. Bohon v. Department of Public Service, 6 Wn. (2d) 676, 108 P. (2d) 663.

The present controversy had its inception in December, 1952, when the railroads filed with the public service commission of the state of Washington tariff supplements naming reduced rates for bulk petroleum. After a hearing, the commission entered an order approving in part and condemning in part the proposed rate reductions. The competing groups of carriers each appealed to the superior court. Following a hearing, the court, on February 21, 1955, reversed the order and remanded the matter to the commission for further proceedings.

Without awaiting the outcome of such further proceedings, the railroads immediately began charging the reduced rates which were in issue. The competing motor carriers and barge lines, together with the commission, then petitioned the superior court to restore and maintain the status quo as to rates, pending the outcome of the further proceedings before the commission. On March 14, 1955, the court entered an order denying the petition. This was done on the ground that the court lacked jurisdiction to grant the relief requested. The denial of this petition is now before us for review on a writ of certiorari.

The first question presented is whether the form of the decree of February 21, 1955, as entered, entitled the railroads to place the reduced rates in effect without awaiting [809]*809the outcome of further commission proceedings. Consideration of this question calls for a step by step analysis of the proceedings before the commission and the court.

The tariff supplements naming the reduced railroad rates in question were filed with the commission on December 5 and 31,1952. By their own terms, these supplements were to become effective January 10 and February 1, 1953, respectively. Before these effective dates, however, the commission suspended the supplements for the maximum period of seven months authorized by statute. See RCW 81.04.130 [cf. Rem. Supp. 1941, § 10424]. The effective dates of the supplements were thus postponed until August 10 and September 1, 1953, respectively.

During this suspension period, the commission entered into a co-operative hearing with the interstate commerce commission, which was faced with a parallel interstate rate problem. The hearing commenced on March 30, 1953, and continued for eight days. On August 4, 1953, the state commission wrote to the railroads, asking them to voluntarily postpone the effective date of the tariff supplements. In this letter, the railroads were advised that the commission would not be able to reach a decision prior to the then specified effective dates of the supplements. Complying with this request, and in order to prevent the reduced rates from taking effect prior to the issuance of such decision, the railroads voluntarily postponed these effective dates until December 22, 1953.

On November 25, 1953, the interstate commerce commission issued its report and order finding the proposed reductions in interstate railroad rates just and reasonable and permitting them to become effective. Petroleum in North Pac. Coast Territories, 291 I. C. C. 101, affirmed on rehearing, 292 I. C. C. 317.

On December 18, 1953, the state commission entered its order. It found that the railroads had not sustained their statutory burden (RCW 81.04.130, supra) of proving that the proposed rates are just and reasonable for statewide application. To the extent that such reduced rates were necessary to maintain parity between Portland and Puget [810]*810sound points on shipments to specified points in eastern Washington, however, they were found to be within the zone of reasonableness. Pursuant to these findings, the commission, in this order, permitted the reduced rates to become effective between the designated parity points, and prohibited the rate reduction as to all other intrastate railroad transportation of bulk petroleum.

Had the proceedings ended at this point, the railroads could have put into effect, as of December 23, 1953, reduced petroleum rates to the limited extent approved by the commission in its order of December 18, 1953. However, on the day when this order was entered, the motor carriers and barge lines applied to the superior court for a writ of review. At the same time, they asked the court for an order superseding the parts of the commission order which were adverse to their interests, and restraining the commission and railroads from putting reduced rates into effect “until the court can determine this cause.”

The writ of review was issued on December 18, 1953. The request for a supersedeas and restraining order came on for hearing on December 21 and 22, 1953, under the three-day notice procedure specified in RCW 81.04.180 [cf. Rem. Rev. Stat. (Sup.), § 10429]. At the conclusion of this hearing, the court orally entered such an order. A formal order confirming this oral order was entered on January 11,1954.

The result was that the right of the railroads to place the reduced rates in effect was again postponed until “the final hearing and determination of this cause unless sooner altered, amended, or terminated by further order of this court.” In the meantime, on January 4, 1954, the railroads applied for and received a writ of review covering that part of the commission order which was adverse to their interests. A supersedeas covering this part of the commission order was entered on January 7, 1954, “until further order or judgment of the court in this proceeding.”

The two review proceedings were consolidated for trial, and soon came on for hearing. Thereafter, on February 21, [811]*8111955, the court entered an order containing the following decretal provisions:

“It is Ordered, Adjudged and Decreed:
“1. That the findings made by the Commission in its Cause No. T-8917 do not support the order of the Commission in said cause, wherein the Commission in said order approved the proposed reduced rates involved in said proceeding to points in Eastern Washington, but denied the proposed reduced rates between points in Western Washington.
“2. That the findings of the Commission in said order are hereby neither approved nor disapproved and it is not the intent of this decree to limit the action of the Commission in reconsidering said order, but that the Commission shall be free upon rehearing or reconsideration of its order in Cause No. T-8917 to enter new and/or additional findings based upon the record made or to be supplemented as the Commission may provide.
“3. It is further Ordered, Adjudged and Decreed that the Commission’s order in Cause T-8917 under review be reversed and remanded to the Commission for further proceedings in accordance herewith.

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Bluebook (online)
285 P.2d 569, 46 Wash. 2d 807, 1955 Wash. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pacific-inland-tariff-bureau-v-clifford-wash-1955.