The times. [volume] (Richmond, Va.) 1890-1903, 1902-07-06
PUBLIC OFFICERS
MUST PAY FARE
None Can Accept Free Passes
from Railroads.
OPINION OF MAJOR ANDERSON

One on the Subject-Those Who
Work for Corporations Not Ex.
cepted-Must Pay Fare.
BY far the most interesting matter
about the State Offices yesterday was
the very important and elaborate opin-
ion OF Attorney General W. A Anderson
on the subject OF free railroad passes
in the hands OF public officers of the
State or any political subdivision there
Of, aftern the new Constitution becomes
effective on Thursday next The sisl of
this opinon-which Is an able and care
fully written one-is that no such officers
may properly or safely accept or use
any FREQ pass. but that oil must pay
their fares in like manner as other citf-
Zens. Major Anderson did not go into
the general subject OF free passes, but
dealt with that branch relating to the
rights Of officers in the matter. The gen
eral subject was left to be disposed Of
by the Corporation Commission upon
the advent Of that body into office
One Of the most interesting features Of
the opinion IS that which declares that
public officers who are in the employ
OF corporations must pay their fares,
and receive their remuneration for SER
vices rendered, in money from the cor
porations.
OPINION IN FULL
The opinion will be found in full be-
low:
the State government to state what. in
nv opinion. is the meaning and effect
Of the provisions of the new Constitu-
ton in reference to the issuance and use
Of free passes
Those provisions, In 80 far as they go
enforcing, are contained in Section 16l
Of the Constitution. the language of
which is as folows:
Section 161-No transportation or trans
mission company doing business in this
State shall grant TO any member Of the
General Assembly. or to any State,
county district or municipal officer, ex-
cept to members and officers of the State
CORPORATION Commission for their per-
sonal use while in Office. any frank. free
pass, free transportation, or any rebate
or reduction in the rates charged by
such company to the general public for
like services. For violation of the pro-
visions of this section the offending COM
pany shall be liable to such penalties
as may be prescribed by law; and any
member Of the General Assembly. or any
such officer, who shall, while in Office,
accept any gift, privilege or benefit Is
is prohibited by this section. shall there
OY forfeit his OlllCS e1llu Oc SdpJCCL ~
such further penalties as may be pre-
scribed by law; but this section shall not
prevent street railway company from
transporting free of charge any member
of the police force or fire department
while in tho discharge OF his Official du-
ties, nor prohibit the acceptance by any
such policeman OF fireman of such free
transportation.
PROHIBITION FIXED.
T. This section expressly prohibits any
such company from granting to any
member Of the General Assembly, or
any officer of the State. or of any politi-
cal sub division thereof. amy frank. tree
pass. free transportation. or any rebate
or reduction In the rates charged by
such company to the general pubic Tor
like services" and also provides that
anv such officer who shall accept any
such gift, privilege or benent, shail
thereby forfeit his office, and that ooth
the offending company and o!ncer snat
be subject to such other penalte5 as
may be prescribed by law
This section applies to every trans
portat ton and transmission company
doing business in this State. ana 70 every
officer, State, county, district ana iliul'I-
cipal. excepting only members ana OF
fcers of the State Corporation Commits
sion while in office: and except also that
members OF the police force and ire de-
nartments of municipalities may De car
ried free Of charge by street runway
companies There are no otner eAcep-
tons whatever. and. subject 70 tnese
sxcantions. the prohibition Of this sectlon
applies to every o1tlcsr Wilma uliuy,
or local government in virginia
EMPLOYED BY RAILROADS.
TT some cases have been orou5nt 10
my attention, in which an officer OF me
state or OF some political suooi'i s'o'i
thereof. is employed by a railroad COM
many for some service or IN some pro
fese:onal capacity-for instance as At
torney for such company-ano - sive"
transportation in part compensation Aux
his services cot.
ar local officer in the employment OF
,,,,road company, can receive and use
c,ch FIRE. transportation or pass.
Tbere is no such exception In the text
~ tba Constitution as would exclude sucn
an officer from its operation ana 90
not think he should. or could safely, &C
cept or use a free pass.
What is the evident design of the fra
n.rs Of the Constitution is that no pref
e-ences or privileges shall be extended
Nv railroad companies to any State or
local officer over any other passenger
iron their cars. He certainly should
no, use a free pass, or be given or &C
cent free transportation. when he IS
travelling on his own private business, or
on the business Of the public
ALL. MUST PAY UP.
Tn these or other cases. a number of
which I am informed exist. in which free
transportation has oeen by agreement
given to office-holders Of the State or
some OF its political subdivisions, or to
member of the General Assembly, for
sarvices rendered OF to be rendered, or
FOR work done or to be done for such
company. entirely independently OF any
official function or duty OF such officer.
any violation of the broad and sweeping
prohibition Of this section, and any pos
sible criticism can be avoided. by putting
the agreement upon an unQuestionably