The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-06-11
PUBLIC SERVICE
IT'S CHIEF A IN
Oversight 81 Corporations Dis
charging Public Functions the
Commissions Chief Duty. s
The CHARTER COMPANIES |, | IL :
Mr.. Braxton, in An Able Papey
Points OutS1'hat These Have
Little to Do With Public.

Points Out That These Have
Little to Do With Public.
Editor Of Tho Times Dispatch:
sir.--Lest lack OF public information as
r TO the affairs OF the Corporation Com
mission result III not only giving aid and
com fort to the enemies Of that irstltu-
ton, but In turning upon It the guns OF
& It's avn friends, ! venture, without the
request, or, so far as know, even the
IL knowledge Of any member OF tho COM
mission, to callshttention to some matters
& pertaining to recent occurrences which
y tho public either does not know or else
i has apparently overlooked.
Before proceeding will state that
have no relationship nor connection with
the chairman OF tho commission and was
not responsible in any way for his ap-3
+ pointmcnt, and that have not, and
never had. the remotest connection with
the Virginia Corporate Company, In
3 corpOratcd. nor with any similar COM
{ pany; nor do / expect to have. I only
\ desire, 80 far as i can, to put IN 5Fe x.
I citing and much misunderstood question
correctly before the people of The State.
In speaking OF the commissions cons
Y nection with corporations, It is common
B to overlook the very Important difference
and private corporati ons.
Public service corporations-such as
railroads. telegraph, companies, etc.-are.
Il engaged In the exercise OF public fran
chises. a business which$no private indi-:
I vidual, as such, may lawfully engage In.
Private corporations-such as s1nanufac.
q turing and mercantile companies, and
v other ordinary business corporations--are
Y only engaged in such business as any
KDrivAte citizen may engage f1.Ftsi t5.
The abuses. by which the public is gen
H erall exploited and oppressed. are prac-
tically limited to PUBLIC service corpo ra-
4 tons, and, MS a rule. private corporations
+ arc Interested In tho same ,napner and
degree as individuals. In seeing that
Is public service corporntions are cffec-s
lively controlled and regulated By the
Il State. I'd NJ " III s$$ e.
While the PRIVATE corporations Of
the State and those doing business here
need attention Of a certain sort. the
functions OF four government. in that re-
spect. are few and simple. These func-
Il lions could readily have beSn imposed
upon the office OF auditor or treasurer or
Il Secretary OF the Commonwealth butt
h partly for economy. and partly In order
ITO concentrate our corporation affairs
q IN one department. they were. by our
present Constitution. imposed Upon the.
Z railroad commission, which. for that rea-5
son. was called the : Corporal on" Com
mission. In many, IL not in all, the other
States. Ibelieve that the private corpora
+ lions and the public service corporations
are looked after by entirely different
Il commissions or governmental ag encics.sS s
35 The regulation nd control of PIBLIC.
ii sEFt1i GE.- corporatiuns.T however; ri a.
very di fferent matter. and is. BY far. the
most Intricate. difficult and delicate func-
tion which the u State has to perform.
n Upon Its efficient execution, the smhterlal
u welfare OF the people depends to- an in
d calculable extent, No agency OF gov
crnment. prior to tho creation OF our
present Corporation Commission, had ma
81 chincry adequate for the performance of
this novel and most important Junction.;
\ and 1t was for this work partcularly-the
regulation OF public service, !" not "pri-
4 vate =, rporations-tha our Corporation
Commission was established. This COM
mission is tho only body in tho State
4 equipped With the necessary machinery
/ for handling PUBLIC SERVICE corpora
II tons. S8 55lt.5 E lSss9 "
Public Service Corporation.
Thus, 1t viii begseen, that the peculiar
field for the labors Of the Corporation
# Commission is that Of regulating the
PUBLIC SERVICE corporations, and in
IL this tho public Is Infinitely moro inter-
u ested than lin the commissions perform
ance of its almost purely clericaD duties
relative to PRIVATE corporations.
These things are doubtless known to
most men. and yet they arc apparently
overlooked by many, who ara cri ticsing
recent occurrences in the commissions
II office, as III they affected Its duties in
Il the regulation Of PUBLIC SERVICE
corporations. when, at most. those oc-t
II currenccs$ concern only The commissions
II ministerial functions in connection with
u gcnrvorn 1a--a minor matter
sin#ti1e great purposes for which the COM
mission was created. F5 n
In the matter OF regulating PUBLIC
p SERVICE corporations, the commission
As largely clothed with the Joint powers
& OF a legislature, q court and nm execu-8
s tive department. It's functions are 70 g;
81 assess; the property of such corporations
for taxation, to make rates, classiflca-
Il tions Of traffic, rules and regulations for
euch corpora tions, to inquire into and
punish any violations of such rules anu
regulations. and to supervise and regu-
late I lle public service and cilltles fur
4 ulshed by such companies,
3j3 Under these circumstances tho utter
impropriety OF any member Of the COM.
mission owning stock in a PUBLIC SER
VICE corporation is most obvious; ile
K Constitution accordln ely makes II Illegal
4 for him TO do so; and, for the benefit
Fl OF those whose information on tho sub
ject may not De accurate = VIII @lete
mention again the fact that the recent
occurrences in the. commission do not
IN anywIse concern PUBLIC SERVICE
corporations, and that no suspicion or
N suggestion has ever been suggested Of any
improper connection with, or Interest I'M.
any public service corporation by any
member OF the commission.
In the matter Of private corporations 81
& thas commissions functions are different.
e over such corporations the commission
has absolutely no discretionary power.
4 unless, possibly, In the !mmaterlal Mat-
ter Of Imposing q petty fine for delay In
making annual reports. The commission
u is without legislative or judicial author
ity over private corporations, and Its
functions as regards such corporation
are purely ministerial.
When a charter is desired, It Is the
General Assembly. alone which prescrlbes
by general laws how It must pc applied
r,,,,r isSllad * md exactlv