Evening star., 1902-02-11
Mr.. BRAKTON EXPLAINS
SCOPE OF THE PROPOSED CoRPo-
RHTI0NScoMM1ssIoN.
It Will Have to Do With Fixing
R1hlroad Rates Within
a the State.
Special corresl. ndshee Of The Evening Star.

SPeciai SorreSIs ndence OF Inc Evening star.
/ RICIMoNU Va. February 10, 1902.
Chairmasf A.=W Braxton of the commit
tee on cefporatfons. the author of the
majority report Bf the committee, which is
now pending before the committee OF the
whole Of the constitutional convention, to-
day gave 6ut statement as to the scope.
effect and purpose of the commission pro
vided for In tfief report submitted by the
majority. 1t may be remarked here. In
passing. that there lis every reason to be-
lieve that the report Of the majority will
become part of the new constitution. Mr..
Braxton's statement Is in part as follows:
The state corporation commission. as
proposed by the report of the committee on
corporations, will practically have no pow
ers. duties or functions in connection with
private corporations, other than those now
exercised by various other departments OIL
the state government. Its powers, SO 1ar
as private corporations are concerned, ar.
practically. ministerial only, ana consist
merely In granting charters under the pre-
Visions OF general laws and In collecting
such annual reports from the corporations
as the general assembly does. or may here
after require.
1t is only in reference to transportation
and transmission companiess7practically y
limited to railroads-that the powers and
duties of this commission amount to any
material innovation on the present law OF
the state.
The commission Is given power to pre-
scribe and enforce railroad rates and clas-
sification of traffic on all railroads doing
business In the state, SO far as their lntTa-
state business is concerned. The right to
prescribe rates and classification of traffic
is taken from the legislature and conferred
upon the commission, because that right, as
1t now exists In the legislature, is purely a
theoretical one and one which the legis-
lature, owing to its bulky size and the
ffy Sc irf1yy iy,fpny h 10
of exercising.
The effect of the measure is merely to
take this right, which confessedly exists
in the state, and to transfer it from body
incapable of exercising it to a body so or
ganized that 1t will be capable of effect
lively exercising it. Before any rate or
ciasslncatlon of traffic can be made or
amended by the commission th, road to be
aHected must be summoned and given an
opportunity to be heard thereon. From a
decision of the commission fixing rates or
classlhcatlons an appeal lies In every case
by force of the constitution itself. to the
supreme court of appeals, either by The
railroad or by any person deeming himself
aggr1eVed. No new evidence is permitted
to be introduced in the appellate court; but
upon a suggestion of mistake, surprise or
ammunition of the record the court may re-
mand the cause for further proceedings be-
fore the commission, that the omitted
evidence can be properly inserted. If the
rallroad is willing it may allow the rate
nAed by the commission to &c into effect
at once pending the appeal; or II the rail
road prefers it can, upon giving a bond to
refund any overcharges made by 1T pending
the appeal, continue charging it's old rates
until the appeal is disposed of. Should the
court reverse the order of the commission
liking rates it shall at the same time sub
stitute what, in it's opinion, is proper rate
entering tl4 ordaE which, in it's opinion. the
commission should have entered when the
case was Beforesit, and such order shall
have the same effect (and none other) as If
1T had BEEN entered by the commission at
the time 1t entered the order appealed from.
NO order fixing rates rules or regulations
shall take effect Until ten days after service
thereof upon ths1company.