Virginia citizen. (Irvington, Va.) 1891-1921, 1902-03-07
Communicated
OUR DELEGATES VIEWS.


EDITOR CITIzEN:--In pursuance oi
a promise l now write for the Orr
ZEN some observations explanator,
of the article lately adopted by Con
vention in regard to corporations
1t has been acted upon in Commit
tee Of the Whole and will be en-
grated in the Constitution withou
material alteration. ] need not writ
at large about this matter, because
send you under separate cover
copy of the article itself, also cop,
of the speech of Mr.. Braxton de
livered when, on behalf of his com
mittee, he introduced the article {,
the Convention.
A permanent commission is ere
ated, to be known as the State Cor
poration Commission. 1t consists o.
three persons, to be appointed b,
the Governor, subject to confirma
ton by the General Assembly in
joint session. At least one of the
three shall possess the same qualifi
cations as those prescribed for th,
judges of the Court of Appeals.
For the purpose of understanding
this whole subject divide corpora
tons" into two classes. First, trans
portation and transmission com
panies, including railroad, canal
steamboat lines and telegraph anC
telephone lines; and, second, al
other companies whatsoever. Al
these are affected by the Commits
sion, but in very different ways.
Take the case of the railroads al
the most important sort of com
panies under the first classification
The Commission is empowered anC
required to prescribe and enforc,
such classification of traffic, rates Of
charges and regulations as it may
deem reasonable and just. Oyer the
classification and rates the Commits,
sion has paramount authority, sub
iect, however, to an appeal to the
highest court in the State. AS tc
rules and regulations, it is subordi-
nate to the General Assembly.
This is new thing in Virginia,
but there are precedents for it in the
Constitutions or laws of nineteen of
the thriftiest Commonwealth of the
Union, in all of which its operations
have been most salutary for the peo-
| pie and harmless to the railroads.
Shall the railroads fix their own
rates, with their partial and unjust
determinations, and in the interests
of enormous combinations of capt.
tai? Shall they be allowed to hinder
the development of coal-fields other
than their ownp Shall they charge
all that the traffic will bear? This
is q gigantic power. The people of
this country pay more for transpor-
tation than they pay for taxes. In
the latter case they are taxed by
their own tatives, while in
the former they are taxed without
representation aud by an arbitrary
power. And bear in mind that,
whereas, in the past, rates were
measurably kept down by COMPETE
ton between different lines, there is
practically now no competition. The
great companies have formed alli-
auces and established a community
of interests.
The State has the undisputed right
to control the railroads, and the
time has arrived when the right
should be exercised for the good of
the people and the DEVELOPMENT of
their material resources. But in
what manner shall the right be ex-
ercised? Shall.it be left to the Gen
eral Assembly? Oar observation IA
vors the suralise that that body will
not be inclined to deal efficiently
with these questions; but even if it
was so disposed, it could not accom-
plish the end. Itsis enough to say
that no State Legislature has yet
undertaken to fix the rates of trans
portation. The courts are as impo-
tent as the legislatures. What then?
Nothing remains but to ordain a
new department of government,
having functions partly legislative
and partly judicial and powers to
enforce its decisions.
Let no one be alarmed, Have rail.
road bonds or stocks fallen single
point in the market since it became
known that this article of the new
Constitution would be adopted?
Keep out capitalp Stop the con-
struction of railroads? The best an
swer to these questions is that there
has been no greater increase of
mileage or of prosperity than in those
States having Commissions like the
one here proposed.
And now with regard to corpora
tons of a more private nature.
There is nothing new with respect
to them except few things of small
Importance. Every duty heretofore
performed by different departments
With respect to corporations of the
State ia hereafter to be discharged
by the Commission. The General
Assembly will no longer be wor-
RED with granting or refusing APP
plications for special charters and
increasing the bulk of the "Acts of
Assembly" 1t will enact general
laws under which charters will be
grated by the Commission. no
longer the Secretary of State, but
the Commission, will be custodian
OF all charters. No longer the Au-
ditor, but the Commission, will COL
iect reports from banks and insur-
ance companies. There will no long
er be need for a Railroad Commits
sioner, with powerless hands. nor of
a Board of Public Works, charged
with the duty of making assess
ments. All duties relating to cor
psrations, heretofore committed to
six different departmental of the State
government, will be gathered under
one management that will sunarvise