The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-03-27

8ers should be men whose reputation for
integrity and Intelligence would COM
mand the respect Of he people equally
with the Supreme Court. Tina, he finally
appointed such men no one to-day doubts.
The Law Attacked.
Il The railroads lost no time in cortest-
ing the aus horitysof the Corpora ton Com
mission. and they made a square, straight
fight from the very start. They cues
toned the Legality ana cDstitutionallty
8of tie cpmnlfsSipp,s and the rules and 4
regulations ittm;3 DOWN tfoi the 5governta
n!ent OF traliWe@5 II. taeIr business frtsft-4
TORS witfa ci7be5ns ar Virginia. They
said these-rn!es and regulations. as Z
made BY the commission, were IN vista
3tinfi Of the Constitution Of the United
states ana OVER dlns the laws Of Con-
gfess. made ard provided for4interstate
icommercc. They questioned, es neciailY,&
the dual powers Of the conltnlssinnI1-t hat
is to say, that "Elauss IN the rev Conss!-
tuition which made the commission leg
islative and judicial body at one and
tho same time. and all Of these things
the railroads asked the Supreme Court
OF Appeals to pass upon, and the whole
business came up in the case styled At
Iantic Coast Lire Railway Company and
others against the Commonwealth, and
upon the decision Of the Supreme Court
OF Appeals in this case hung the future
usefulness and the power for good Of
the State Corporation Commission,
The Courts Decision.
E. AS Times Dispatch readers already
know, the courts decision, which was
written By Judge Buchanan. sustained the
law which cteatod the commission, sus-5
tanned its acts so far and outlined its
powers for the future. IT declared the
commission body with dual powers.
legislative and judicial; powers to make
law and construe the same.
It's Dual Capacity.
Under the decision Of the Supreme
Court Of Appeals the state Corporation
Commission becomes both Legislature and
court-le gislature to make rules and reg
5ulations for tho government OF corpora
Z lions In general and railroads in par
ticuar. and court, to.sdecide upon 1.-The
Justice AUD reasorablenessl OF the laws,
rules and regulations Of It's own creation
The Supreme Court of Appeals holds, os
I5pla.nly as language can express 1t, that
4 the commission has power to make rules
and regulations for the general govern
ment and conduct Of CORPORATIONS rail-
roads for instance. operating In Virginia,
and that such rules and regulations must.
he Just aud reasonable.
1t has the Same power to make law
pertaining to It's peculiar domain as II at
were the Legislature Of Virginia and
when il makes a rule, promulgated 1t
land declares 1t an effect It opetates at
once and is as binding as any statute
passed by the Legislature and signed by
| the Governor.
The onlS restriction 4nndersthe consti-
Tuition Is that the rules and regulations
| promulgated by the commission must be
| justan reasonable; that Ethe question Of
Ireusonab!eness and Justice raay be duly
Iconshered and wisely Determined, No rule
4 or regulation agreed upon by the Com
Y mission can be promulgated until the
railroad or other corporations affected
shah have due notice and chance TO De
\ heard f1f#lt a
Asa Court.
Then the commission becomes A court.
4 to pass upon the only question that can
be raised 70 wit; The justice and reason
ableness Of the rule or regulation It pro-.
( poses to promnlgate. j
& The Justice and reasonableness of the
rules either before or after promnlga-a
! ton cannot be enaured lntp by anSCir-
Il cult city or Corporation Court Of the!
q Commonwealth. hut the appeal from thu
!, commissions decision as q court must
ne dlfect % The supreme Court Of Ap-
neals the commission Itself so far az Its
domain * ends being OF like power and
li&eAdIzHliY q thf Circuit Courts under.
the new Constitution.
Bat One Question.
FprtheFj0ore the only, question that
CIR s5t raisad Ny 4 railway 0onr's5%.
otbef rpqfq,loN or person affeetea bsl
ans cute 3toat.}lRafcA by the commits.
7loE mpt NJ as toH .ths t4o,gAr of The
Il coinWisgi3n 70 pfescyibs speh a rule ne.
l2ssu3s lht the axertlse OF power by5tl,e
IepmHffzion rndcr such rule 3 70 bldden
4 ~ ~ cnnattmiion of he United states
! OF ifSolpes some right sreurad 10 parties
" affected al n RI he. C0ESt.tu,