The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-04-09
THURSDAY. APRIL o, 1903 1903
RAILROADS.&C. THE CONSll-
i TUITION.

q II
the debates of the Constitutional Conven-
ton on the enacting OF free railrca q
law would believe 1t possible that the
\, conclusion and wisdom of that body MS
shownsin sections 1914 and 166 (a) Of
AZ The Constitution would have been given;
\. practical effect by any such law as
f House8bil 1o2. az The Tfmes-Disratch does
+ not intend to argue the question of o.
free railroad law at this time. but we
~ do wish, to point out the fact that It was
The sense OF the Constitutional Convention
5S,hat such law ought to- be enacted, and I
that 1t was the distinct effort Of that.
d body to SO write the Constitution as to-
~ give Virginia a free railroad law for
over BY the term free railroad law, we
& mean such legislative enactments as will
enable any body of citizens to acquire
&! a charter for railroad from any point
+ TO any point within the State.
The right to build such a road under
b general enactnents was not meant to de-
IN pend upon the will Of this or that indi-
yidual or tribunal. It being the obvious
Intention OF the Constitutional Conven-
" ton to prescribe the enactment Of a
# general laws whicllSwould give to all per-
H roads. Now. how has this intention been
carried out? The Constitution says, sec
u ton 154: x i}i 5j. i e
The creation OF corporations ana the
\ ex tension and amendment Of charters
4. (whether heretofore or hereafter granted)
shall be provided for by general laws
a5and5no charter shall be granted, amended
4 or extended by special act, nor shall au-
Y thority In such matters be conferred upon
Il any tribunal or officer. except to 5ascer-
tain whether the applicants have by. COM
Al plying with the requirements Of law en-
titled themselves to the charter, amend
Inent or extension applied for, and to
issue or refuse the Same accord
e ingly. 4 I. \ - III
But House bill 1o2 in Its chapter
on railroads. which is presumably intend
81 ed to make this provision effective, says
an section q subsection II: q
NJ chapter shall be authorized to exercise
1.-The power OF eminent domain for the
purpose OF taking and condcmning lands,
or other property for Its uses until 1t
e shall have first proceeded before tho State
ii Corporation Commission and obtained a
certificate that the public convenience or
necessity require the construction OF Its
tS proposed line or works. - ~ s5
81 ] this means anything. 1t means that
q the right to exerclsethe power of eminent
domain, which is. the very breath Of life
to railroad corporation. is not given as
was the intention Of the Constitutional
8 Convention to all and any citizens who
V compiled with tho general requirements
f as provided by tho Legislature, hut is
made dependent upon tho judgment and
will OF the Corporation Commission.
s There Is no natural and resident power
& In government greater than tho taking
4 Of private property for public use by
NIB .he exercise of the right OF eminent do,
| main. We do not see how the courts
could hold that the delegation OF such
AZ power 10 body acting In n judicial
X capacity would be other than the giving,
n OF authority in tho matter OF granting
or amending or extending charters to any
tribunal or officer, except in ministe-
rial capacity, which Is especially and d.
rectly prohibited by the Constitution in
section 1864, which wo have already cited.
8 IL there Is a reasonable doubt rs to
the constltutonality OF tho right to en-
ercise eminent domain under tho authors
~ given to the Corporation Commission
81 by House bill l02 Is 1t likely that new
would pay the costs Of survey and the
je other charges incident to the beginning
IN OF such an undertaking with tho posi-
Y, t!ljty staring them In the face OF tho
act under which they were to acquire
their road bed being held linconstItu-
g t!onal2 Nothing Is more timId than capt.
x tai. and few things can be more desira-
v BILE 10 Virginia than capital Invested in
developing railroads, but II we are to
If have such doubts rs those which must
9Heflh"Dty oec"f 10 any DIG VINO READS
the section on eminent domain In House
# bill ZOE. In the light Of our Constitution.
X we cannot believe that railroads will ex..
pose themselves to the certain risk OF liti-
cation for the doubtful advantage to be
gained by alartin new enterprise,
IT would be very simple matter to
pass a general railroad Law. as was OBJ
Riously the Intention OF the Constitution
one that would safeguard the interest
OF the public. and ut the Same time Offer
81 q reasonable opportunity for capital de,
string 10 undertake. such an enterprise
Bur to leave matters aa they arc is tc
4 build Chinese wall around YrgiDia
railroads. Those that are here can built