The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-19

9a7asa 4 ~ w s'n,.
Tor itr the adoption %of liz, OF action
fega lng the lssulng OF mileage books which
does not INC views ~ shc 1n1foaa
ps,:Xdm,tting. therefore, that We must Obtain
pi Ii,as Which wo may ideslre % consdsrH
a t. sssboin snyh
would then come up rs q case ~ ~
as 5aeparea
M ffom NJ. cra sa tdundlns report The
s1''ss
sgai raj e. pailins the sectien through
s5ss hs! sss s'ss g:
* not creditnble; TO say the least, 70 an as.
sT,ss.R M ueSe IL Who employ
Is:s SsS
.;;.,yf 4, So IS esen s iona 3
1lwalne furtt,er:. that orc ne
Hof the the bill was to Q. n
authority III Don the Corporation Commits
sion .ands that It was plain that the Lee
Islature could not this, In view e
fC.onnstitutioll. He declared that the bill
s6,lrht several OF hert Il 8 jects and that
they were not cleaaay set sout N l l'.s'
title, s.5 ItS & Z, M ,5s. q.
that the Legislature had nothing to DO
Wtttll $ the 4 apestion OF rate making, ana
i Hf' aag 9Th that this his
Saainfthhrity Was distinctly conferred ul 81
the Corporation corn!Wq1 A sio n
tuition freely and, dropping 4 now anil
then, he elaborated hls conclusions with
great yigor and eloqucnc e.i si,3S TX
IS He claimed that, according to tho Or
ganic law OF, the State. tho railroads
should have hearings such 3as the COM
mission was now 81 wing. on the freight
rate ss1nat ter II and that the Legislature
had no.1dg CHI / at one fell swoop, without
afrordng such a hearing. to strl Ike a.
tile,a hnrtsufs such vital tercsts
/, srIIr claimed that thea bill was in coll-
'sfliot with SEQ tons 50 and S166 Of the Con.
fstitution, and then he argued at some
length that 1t was so unreasonable a5
Y to render 1t null and void. g on the ground
that It is against public policy. "a Et; s5S
Fl Proceeding. Mr.. McIlwaine commended
that the act was i In violation OF the
Fourteenth Amendment h to- tho United
States Constitution ana he argued this
point at some length, III Il. !.
/ MN rs Has IN o Such Power.
| 1ier cohtended that tlla government could
RESTRAIN q railroad company from maxi
Ing unreasonable contracts, but he }vlgor-#
iously denied the right of the goyernment
to compel n companysto make any Scon-
tract whatsoever with citizens.
h Mr. McIlwaine quot y decision after
decision by which he sought to uphold
the various contontOns mado by. himself,
and he spoke at times with great yigor
and earnestness, II ySlll!i $i9ff ~ s. III
rIas laid 1t down as q principle that the
state had no moro right to require q
railroad \, company to enter Into q con-
tract against It's will than to mako such
fnyfreouirement Of individuals.
L + lluotingfan nblofnnd 5beautifully ~ Worded
decision which seemed TO extend equal
Justice to the h parties In, interest. the
5brllliant advocate, with uplifted hands,
eloquently exclaimed TIKI .54
s"That Is the law which proceeds from
the very throne Of God; that Is the law
is the law under which, may 1t please
your, IIonors, we confidently expect to ba
tried HISS VI s5s
Mr. AIcIlwainei said he would rely large
lyon, tho famous Michigan case OF the
Lake Shore Railway ys. Smith. where
the Supreme Court held that q similar
measure ma sure adopted by the Michigan Legis7
latu re-, was unconstitutlonnl.
Major Anderson, speaking briefly. ull-
dertook to point out that the Michigan
case was parallel with the one under
amusement, mainly for the reason that
the rates in Michigan had been fixed