The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-19
q the state, ana that this was rot the

case In Virginia. tsSss Il Il hi }s
Mr. McIlwanc thanked the Attorneys-.s
General FOR stating his position at this
time, SO that lie could repl and ho 5con-s
tended that the cases were identi cal In IN
this respect, IL not In all. NJ g q 95
The Michigan Case.
The opinion Of the Supreme Court Of
the United States 4 In the N1ichiga 4 case
was read ~ tho attorney for the COM
peny, and he laid It down now and them
and argued various deductions q raWn
stherofrom. He dWelt at u leng upon
that portion oI the decision which points
4, hpsiirchase Tickets s u d Wholesale and
kot}iesiT5s who 'et:an1hot "a to buy mife.se
books, and contended strongly that the
Legislature HAD no right to coEnpel a.
company to y make such DETERMINATIONS.
~ Is an Illegal and industrial de In
fterference with tho affalrs Of 4 the COM
#pany, g. he; road from the opinions, ana
pounding thedesk before him heex exclaimed
here's & our case, mn II please your
&Honors, in a nutshell r.? s 54
selne summing up Of tho opinion by > u lt
s ss sss
Maj 81 And rson Speaks.
tho session was a res umed at
1915 Il P.s NJ, Attorney General "a q derson
entered upon his very able and exhaustive
arguments IN a support Of the constitu-
Stionallty Of the act. s5 "a
i He cited d great man Y decisions in sup
port Of his contentious, and laid down
the principle that the presumption in
favor OF the. cons Il utionalit OF an act
Mas as strong rs the presurnpt Ion In favor
Sofelhuiian slfhocence. and that neither
could, tbei.b down except by strong
proof, Major Anderson commended ably
5thatBit was clearly within the province
of the LegIslatur to pass @ bill yidtng
for regulating rates. and he went over at
Slengthlthe powers OF the egislatlve branoh
) Of the government wi II rel erence to the
control OF corporatio IONS 5 & Il Iii # ,S8
8 Tho Attorney General ,a quo ted Il. freely
from tho Constitution, and wand then
he cited decided cases, showing that he
Z had prepared ibis case 18th great care.
I He argued at some length that tho word
para mount, "s used In the Constitution.
was not Smeantptos confer excl sive juris-
Edlction upon the commission In The mat
ter OF rate regulation. and ~ that the
powers OF the General "a ssenlbly were
&omnlpotcnt, except where 81 they were
i specifically limited by either the State
OF Federal Constitution. I'll Il
S.''Now unless this power has been ex-
pressly denied the Legislature" he went
on, "there can be no question that it
had the right to exercise It, NJ
Only Ad Interim.
."Tho Churchman act seeks only to pre-
scribe rates al interlmI and i II therefore,,
contend that 1t could not be fairly cons
&strued u as any infringement upon S.o
jurisdiction Of the conmissio ~ i$5E
IIe claimed that If the commission
should net on the subject, then tho law
would BIO abrogatod, and the rates fixed
by the commissioners take Its place. So
long as the commission failed to act. the
according the plain prov lsions O the Con-
5sttution, Il VI, 55l = 81 5
Ms Major Anderson strongly conbntte ted the
contention of Mr.. Inc that tho law
was unconstitutional on the ground that
gIt4 had moro than one object not clearly
set out In thoftitle. ana he said the su-
ipreine Court had time and again decided
that where various provisions con tanned
In a law led to q common end they
neednot be specified In the title,
f Major Anderson now took UP the Mich
gipan case, upon which his oompetitors had
sd strongly relied, and Efrsn kly admitted
that unless the case was different from
the ono under advisement, the tier was
ended so far az the commonwealth Is
concerned, III d
4 FIe went on. however, to endeaYor TO
4 show that the cases were different, and,
therefore, he contonded that the Michigan
decision should not control g.f
h He quoted the case OF Mum va. the
state Of Illinois, and others, setting out
clearly that the power OF the Leg stature
to Fix rates and charges for public ser-
vice corporations was an absolute power,
and he said the only limitation was that
which came about through the interstate
commerce act. M sS N ~
Became Warmed Up,
Major Anderson grew enthusiastic over
iab subject, and time and again no
turned with upltted hands to his com,
ipctitor, Mr., MoIlwnlne, addressing Nun
as ,,my learned friend" IN clear, soner-
Gus voice, which could be hoard fur
hayond the City Hall. The Attorney
General said the passengers. who could
not afford to purchase mileage DOOR
were not raising any ob5ecticns to me
law, and he could not see why the CONF
panies should object wlsu their reports
viii show that they are now getting less
than two cents per mile for h h ma N|lng
passengers VI
a Major Anderson again took up tho Allcl.,
igan case, and argued strongly V El''l ~ -