The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-07
,sSs4 W. do not now call our great men
aod :. nor admire without limit ali,
N Isl Win limit enough But ~ We.
h nave no great men, or do not adt,1lro
n ~ alI--tt,at were a still worse case
" M. + a s * carlyle.
The Corporation Commission ais sic land and
3st the Legislature.

stg
III XVI tinur,s the discussion Of the right
sSi ~ & citizen to disregard law which
Vi M n construes to be an invasion of his
"A constitutional rights, the Norfolk V IL
sS$ slnian-Pilot says that this IS not true rl,,
IA ~ course, Of a criminal statute, for q vio-
Il lation Of that involves the commission
N 81 ar, act NAHUM per Sc. while to neglect &c
y u obey a civil prescription is only an
u soffense because the law makes IS II so.
II allure to establish the contention OF
s theS unc constitutional Z Ii says our con- on
~ tenn porary, ''lays the defaulter open 70 70
~ ,,,ich penalties MS the statute may pre-
ii scribe. but TX the contention holds good
v Under judicial decision the enactment s1 is
# set aside But the Yirginian- Pilot notes
s one exception to the rule. and that is g
he t,i administrative officials OF q State. OF
" whatever rank or title. IA These It says.
..are bound BY all acts OF Asset bly, until
N Or unless they have been declared Of N no
d eject BY the judicial department, l and e
o. ADDS: ii 81 ;5 III 81
Il t.,And the rationale OF this exception IS
" obvious. For tnanifestly II every agent
q a. the government. n Governor, Auditor,
II Tired ali er. a Corporation Commissioners,
y should be privileged to nullify ar, act
u regularly passed by the represent atlyes
Of the people In Legislature assembled,
\ then confusion worse COMPOUNDED would
Il ensue.' n e slS5s IL M 5f { Asta8
ny The Times Dispatch has great respect
idrlthe opinion Of the yirginian:P Hot. but a
does that contemporary mean to Say that
tie Corporation Commission is bound 70
recognize and enforce any and every.
Nlegisla tive enactment relating to the reg
Sulation Of railroads? The Constitution
likes and prescribes specif ically the duties
! 81 the Corporation Commission and It's
relations to the transportation companies,
and gives to the commission the authority
A to prescribe rates, charges and classifi-
cations OF traffic. It is Is further provided
that ..the authority Of the commission
Subject to review on appeal as herein
! after provided to prescribe rates, charges
or classifications OF traffic, for transporta-
ton and transmission companies, shall
be paramount; but its authority TO pre-
scribe any rules. regulations or require
ments for corporations or other persons
shall be subject.t the superior authority
Of the General Assembly to legislate
4 thereon by general laws" This Language
certainly implies that the Corporation
Commission Is clothed with the exclu-:
siye authority to prescribe rates, etc, for
+ transportation and transmission COM
panies. and II that be true the commits
sion Is not called upon to take orders on
A this subject from the General Assembly.
The Constitution further provides nat
4 the Corporation Commission shall have
the power and authority OF a court OF
record to administer oaths. compel the at
y tendance OF witnesses. punish for con-
! tempt and to enforce compliance with
4 any OF its lawful orders. In dealing with
the railroads, therefore, the members
81 OF the Corporation Commission sit as
Y Judges OF a court and ono of the con-
4 st!tutional functions OF a Judge Is to con-
strue the laws, *
Tho Tlmes-D Dispatch would be pleased
n to hear the Virginian-Pilot on these
phases Of the discussion.
h NJ I ~ e. & .