The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-09-09
COMMISSION
TO The ! TEST
Power Of Tribunal to Regulate
Charges on Trial.
THE FIGHT MUST COME NE
All Realize that Understanding Of Pow
ers Of Corporation Commission to
Regulate Public Service Com
panies Is Necessary.
THE 7 HE FIGHT MUST COME

The first test Of the powers Of the Cor
poratlon Commission to regulate dcmur-
ruge and car service charges b. the rail-
ways and Of the constitutionality OF the
powers conferred on the commission by
the General Assembly Is now about to be
made. The attorneys Of the Norfolk and
Western. Southern, Chesapeake and Ohio
and Atlantic Coast Line Railways have
been holding NEE tfngs In this city for the
past two days, comforting as to the sched-
ue Of such demurrage and car service
charges and the incompatibIlity with tho
interstate commerce act. s.s 9l5Ss
After a. free exchange Of Views, It was
determined to contest the legality Of the
commissions action, and In this connec-
ton to make an appeal from the come
missions ruling to the Supreme Court Of
Appeals OF the State and. II necessary,
to carry the case to the Federal Supreme
Court.
This action is not a surprise On the
other hand, the attorneys practically
served notice at the recent hearing on
these subjects that they would test the
power Of the commission. and the ques-
tion whether or not Its action was in vlo-
Ia uon&of the interstate commerce rules.
The contention Of the railways, In brief.
simple phraseology. is that the commits
sion has no right to regulate the handling
or delivery Of freights shipped into this
state from points outside the State. To
assess demurrage charges. they contend
Is violation OF the interstate commerce
law. ST..
81 ANOTHER VIEW OF IT.
The Issue. expressed In another way. Is
this: Were the lawyers who framed the
corporation article OF the Constitution
night as to their Interpretation Of the
powers OF the commission. or are the att
torneys for the several railway lines right
in their opposing view? This test has
been recognized as inevitable, and the
earlier It Is made and decided the better.
counsel will be enlisted In the contest
In the higher courts. Acknowledgement
William A. Anderson, La wless e. JEFF
fries, OF Norfolk and other we'll known
attorneys will sustain the constitutions
D lily OF the statutes involved, and Messrs
w.. Allen Watts. OF Roanoke; Alfred r.
Thom OF Norfolk: Alexander Hamilton.
OF Petersburg and Henry r. Wickhnm,
Of Hanover, respectively, OF the Norfolk.
the Southern, the Atlantic Coast Line, and
the Chesapcak and Ohio Railway, are ex-
pected to make the fight against the con-
stitutionallty OF the commissions ac-5
stion.f and the statutory authority therefor.
The decision Of this case will either
confirm the powers OF the commission and
insure the efficiency of that body In regu-
5lating public service corporations, or It
will strip the commission OF power to that
extent and limit Its usefulness and It's
authority to remedy and redress grew
ances Of the shippers and consignees OF
freights. Sl.. f
mi re- Wickham, counsel for the sChesa-
peake and, Ohio. is. mber of the State,
Senate, and 1t was he who practically
drafted the statute agreed upon by the
General Assembly. He proposed to amend
the bill as passed by the House and
y hen his amendment was accepted
by the Senate he withdrew opposition to
the BILL Tho effect of his amendment
was to give the consignee who had a
claim for demurrage the option Of accept,
ing the amount of such demurrage charges
or the amount Of the actual damages
sustained. t85s ~