The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-30
MINORITY REPORT OF THE CORPORATION
COMMITTEE,

present appearances Inc Cetsi 4hiibd.ioAi
OF the questions involved, upon princi-
pies that ere in line with the great laws
that govern the creation and protection
OF wealth. is essential to our welfare, no
less than the determination OF the suf-
tragc question.
The report of the majority Of the Com
mitteo on Corpora tons. which favors the
Corporation Commission, was no doubt
framed with singIeress OF purpose to
comply with principles which should gov
nrn the management and control OF TINS
modern development Tor the creation OF
wealth, We feel convinced that the ma
scrity acted with every instinct OF pa
triotis1n and carnestness, but the report
OF the minority, which we print IN an
ether column, shows that the majority
rcport has awakened The most serious
difference of opinion as to the wisdom
of at least two sections of tho majority
report.
In its broad scope the majority report
Is carefully drawn, and III many respects
wisely conceived but in those sections
which create a Corporation Commission
and state its powers, we think there is
grave reason to fear that the majority
has erred OH the side of over-dcsire TO
prevent the recurrence Of wrongs which
have existed in the past, and to carry
out this object. has created such powers
for a Corporation Commission as will in
evitably produce more serious wrongs in
the future and in addition has made
these powers a part Of the Constitution,
which is the organic law Of the State.
The minority report should be read by
every citizen who is interested in the de-
yelopment of the resources and wealth of
This State. 1t is temperate and just
criticism of what it conceives to be the
error in the report of the majority. Inc
Eist of this criticism is directed towards
The creation of the Corporation Commits
sion, to be appointed by the Governor,
on which the duty is imposed of reSulat-
ing and controlling all transportation and
transmission companies doing business in
this State, i'll all matters relating to the
performance of their public duties and
of their charges therefor. The minority
report very justly says: IF the commits
sion can say what and how many trains
Shall be run; what the schedule shall be;
what rate shall be charged; then the
commission c1ccts all the most essential
powers of tie company's board of direc-
tors, and can make or destroy the entire
value of the properties. and without &C
countability to any one This" says
The minority report. places the State
under the moral obligation Of assuming
the ownership OF the transportation and
transmission companies 1t should not
lave the power to enforce its orders
without bearing the risk which is conse-
pucnt upon its mistakes of judgment.
In our Judgment the minority re-
port continues, there is a broad distinc-
tion between those powers of manage
nent and control conferred by the pro-
posed article favored by the majority
and that just degree OF supervision and
regulation which the State may properly
assert
IN pointing out what it considers the
Improperly drastic regulations of the ma
lority report. the minority call attention
TO the following considerations of that
report under which,
he the initial and executive body, to es-
tablish rates, rules and regulations. and
at The same time the Judicial body, to
hear and determine whether its own acts
are just.
Second-No appeal is guaranteed to
common carriers, except from decisions
OF rate questions. In all other matters.
The schedule and facilities generally, the
common carriers can only appeal to the
General Assembly. III that important
matter is left 10 the General Assembly,
says the minority report, why cannot
the whole question be left TO 1t:
There are other objections considered
Sy the minority which involve the force
and effect TO be given to the decisions OF
the commission. The appeal bonds, the
right of fine, and the penalty for seeking
an amendment to the charter. The long
and short haul clause is also criticised
by the minority.
in this state of strongly divergent opin-
ions 1t is OF Importance to remember that
no other State in the Union has attempt
ed 10 go rs FAR as this IL their constitu-
1ionai provisions. While the whole ques-
ton OF rates, consultations. combina-
lions ana schedules is still in the expert
mental stage, and continues 10 command
some OF tie best inteliccts IL America.
We think it would be most unadvisable TO
place so important q matter in the hands
of a commission, who will have the right
20 make decisions and require the rail
roads to take s;lcn action as may prac-
ucally bankrupt those corporations. We
90 not imagine Cor an instant that this
will actually occur. Both the State Of
Virginia and the railroads have too much
a. stake TO allow it to happen And there
swili be no loss of our present transporta-
ton facilities. but there will undoubtedly
come a feeling to those investors and
those owning foreign companies. of dis
trust and uncertainty as 10 the manage
rlent and protection OF companies in Vir-