The times. [volume] (Richmond, Va.) 1890-1903, 1896-03-13
Decision in The case Of The R. and A.
R.R. Us. R. A. Patterson Tobacco Co.
The LiW De JARED CONSTITUTIONAL.
Oihcr Opinions in the supreme Court
Homestead Law construed-ones"o"
Affecting Pablo schools.
Chancery Pleading.

p@n., tsDti SOS IT, ~
Company. From the Circuit Court oil
Richmond city. Affirmed. opinion by
Keith. President.
Tho tobacco company delivered TO the
rece.,Ds OF the railroad company lot
Of tobacco. consigned TO Louisiana, to he
tr.r.ror.,d as per terms Of bin Of lading.
NLi.a is pa thc usual form, the response
balife of each carrier terminating al the
en- oi nis lime when delivered 10 the con-
ueeur- carrier and the carrier so sc-
lec,.l to be regarded exclusively a. inc
assLi OF The owner or c0nsigncc- The
...Ir.l iacIs were that the blil OF lau.ns
wa NOT si-ucd hy the shippers or tAeir
Agenf. that the tobacco was an Aiie:-
stsie Shipment that the Richmond AM
AulLuany Company delivered 10 10 me
nsst succeeding carrier. and DO was lyst
.itcr 10 bad lcft The possession Of the
Hd.Dmond ana Allegheny Company. The
sole question submitted 90 the court was
whether section 1895 of the Virginia Code
Wa. flo conflict with Article f., section g.
chapter O. of thc United States Constitu-
f.... 3D. heinr agreed that 81 not in com
n..t nc Richmond and Allegheny Com
Danny was responsible for the loss, other
vie not.
Led. Tho power of C,rgress 10 regu-
ate commerce ls uucOutrofcrfcd, and,
when exercised. is exclusive, the Omis-
sion TO exercise 30 in respect of the SUBJ
iects capable Of being dealt with by gem
ersI regulations is equivalent TO decla-
ration of the will OF Congress that 10
shall remain free and uncontrolled. II
the statute quoted De- "a regulation Of
commerce it must Doe declared Unconsu-
tutloral as trenching upon province
Owe Na.ch Congress has exclusive juris-
dicuon The United States Supreme court
ma held that tle power TO regulate COM
moIce among the States embraces the
power to regulate all the various aecn-
cics hy which that commerce SIS con-
Quoted. Hut 30 has wisely RETAINED
from al effort at generalization ar any
attempt 40 cnumoraiine subjects as being
within or without one jurisdiction or the
other which viii furnish safe guide IN
determining cases which have not come
under ifs criticism.
Clearly. 30 there were no such statute
as the ono under consideration, there
would Doc uo liability in the appellant.
1nr DO lld au 10 contracted to do. The
statute is careful 90 avoid any inter-
ference with the utmost freedom in the
making of contracts. and does not at-
tempt 90 control the legal effect of them
when made. iu effect, it establishes a
rule of evidence
Viewed. therefore, as q law which
leNes uo taN. urescribes no duty, inn
poses uo burden upon. and in no way
inttricres with or regulates commerce.
and which Boo no manner dminisnes the
power to contract. bat which merely re-
Quires certain contracts TO De 300 writing
and signed iy the shipper the party
with respect 90 whom tne duties and lia-
lItos OF the common carrier are ly
f.H
seems to us that section 1895 OF the Code.
or rather tine issf branch thereof Ohe
remainder of the section having no hear-
inc upon the question before us) De- ret IN
conflict with tle Constitution Of the
United States.
THE decree or the Circuit Court is az
frmed.
PUBLIC SCHOOLS.
n. y. =. a. N. r.. r.. Co. VS.. Bcacd OF
Supervisors of Northampton county.
From the Circuit Court of Northampton.
Reversed Opinion hy Cardwcn Judge.
The question involved .s the power of
te appellee TO- tax the appellant county
iur district school purposes. The oollcc-
ZION of this taN was culoined upon the
ground set out m tsc lill-drst that
there BIS u0 authority of Jaw then In force
10 taN railroads hy levy of tho SUPER
Wsors Tor district school purposes, Sec
oud. that n 'hcre hc such .ight. there is
uo machinery to effect 3d.. The assessment
for tasaUon hy thc foard OF Public works
being for -he county as "a whole. and
not uF districts. and thorc is no way 20
nuuoruOu Oh. tax for district schools
amors thc districts according 20 tho ass
sea.I value OF The corporate property |
in each Injunction u.s.. 0lvod end appeal !
Go ffI- Count
Ur'd.I. An s.. see. of the Constitution /