The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-04-24
UNCONSTITUTIONAL.
Judge Griffin So Decides the
Sunday Freight Cases.
TIE ROANOKE TIMES BUREAU,
HOTEL LUCERNE, SALEM, VA.

HOTEL LUCERNE, SALEM, VA. J
The only case before Judge Griffin in
the county court yesterday was that OF
Commonwealth ys. the Norfolk and
Western railroad for running freight
trains on Sunday. There woro eleven
indictmer is against the railroad. The
trains in question were engaged in
transporting coal from West Virginia to
Lambert's Point.
The defendant, j. Allen Watts, Esq,
demurred to the indictments on the
ground that the act under which the in
dictments were found was unc0nstitu-
tional in that it interfered with the
interstate commerce.
Commonwealth Attorney Hans
brough cited the case of the State VS..
the Baltimore and Ohio Railroad Com
pany decided by the Supreme Court Of
West Virginia (Twenty-fourth West
Virginia Reports), where statute SINH
lar TO the Virginia law was held to be
constitutional and in no way interfer
ing with interstate commerce. This is
the only case reported where this ques-
ton has been squarely decided by q
court of last resort
Judge Griffin was Of the opinion that
the law in question was unconstitu-
tional SO far as it affected the transport
ton of freight from other States into
Virginia and sustained the demurrer.
The corporation court of Lynchburg
and Bristol and the county court of
Montgomery have held this law to be
unconstitutional, as was dono by the
county court here today. The county
court of Pulaski held the law constitu-
tional, which decision, it is learned was
affirmed by the circuit court in April
and the railroad company has obtained
an appeal and writ of error to the SUI
preme court of appeals, which court
will hear the appeal at the July term.
Mr.. Watts presentation Of the case for
the Norfolk and Western railroad was
an exhaustive and mastery argument
he cited wcighty authorities to tho
effect that, while State may regulate
traffic between it's borders, it cannot
control traffic passing through it's ter
ritory or going from it to other States.
by the interstate commerce act the
Federal Government has plainly as
sumed it's constitutional power This
power is complete in itself and exclu-
sivo. AS far back as 1924 Chief Justice
Marshall so held and gave wide inter-
probation of the constitutional clause.
Late decisions confirm his ruling. The
Original package" case is in tho same
line.
The statute of Virginia is upheld as
police regulation to protect the health
and morals of the people of the State.
Yet the supreme court has decided that
selling whisky can not be prevented;
that a State could not inspect the beef
eaten by it's people, and that license
tax was such burden that it restrained
commerce. If that is burden, what
would stopping all trains twelve hours
be called? The Federal Supreme Court
has decided that company is not liable,
If contrary to State law, it hauls pro.
hibited cattle through STATE and COM
municatcS disease to the cattle of that
State.
There is line to be drawn between a
police power and a prohibitory power
The police power may be exercised to
the limit, but it cannot DO exercised
over subject conlided exclusively to
congress by the Federal constitution.
There is no difficulty of definition of
power in the present case. The State
cannot under the cover Of exerting its
police powers, substantially prohibit or
burden either foreign or interstate COM
merce.
Tho supreme court has always held
that when the police power of a State
came in conflict with power delegated
to the general government, the smaller
(the police power) must give way Mr..
Watts cites, in addition, a dozen i'm.
portant decisions bearing upon the pros
ent case and analyzcs each.