The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-22
SUNDAY, ] Ill.','' "a 2 1906 't' u

IA Every son OF Adaln can 49, \ a. n
sincere man q !, org :, =. ~
sense; no m ortal Is uoo't'e 81 y 800 \
&sl lnslncere man. 20
IA The Corporation Commits sion and !
the Legislature.
,S&55 number n Of papers throughout the
IL state have been expressing varying ds e-
erees Of impatience at the failure OF the
stf CORPORATION Commission to Immediately
5 order that the provisions Of the church n
rs nan act be complied with by the ra'
8 roads. One paper however yer rl''cises
SS The Corporation Commission both l ~ io u
Misunderstanding to enforce the Churc 'ttr'sf
n law. and also for not having already
III headed the resolution Of the Legislature
sa3 rennesting the commission to esta plislll
Ss : two. cent passenger rate throughout the
= State,
So far rs the criticism in regard - to the
#s Churchpman act is concerned, there Is Is 4
ss absolutely no excuse for this sort Of loose
n; .,ttn,isstatement. The Corporation Commits
81. ZION ID not now undertaking, and never yer
5sss has undertaken, to enforce the proVll-'s
y sIons OF the Churchmnn law VI b IN 4
tEiSsWhat actually happened was that q suit
was brought By the ttorneyTie General "a
ss against tho Atlantic Coast Line Railroad
8s UPON Information from private citizen
that a II ticket had been refused him,
4gfthough the payment REQUIRED by the y e
~ SChurchnan act had been duly tender
5 IN response to this procedur on the part
f 81 the 5Attorney-G General. e The K Atlantic
4. Coast Line Railroad appeared last8w week
Before the Corporation Commission and
Ar argued against tho constitutionnlitys Of
3 the Churchrnan law. 3585 si Il. IA
Sss5 The decision Of the Corpora ton Com;
VI mission has not yot been. rent ered. But
Why should the Corporation Commission
4lSllave ever attempted to enforce an Inns
possible and patently d unconstit utional
Fact? Suppose that body, under the terms
OF the Churchman law, had Immediately
Isl ordered all the railroads to put on sale
5 50o-mle tickets at two cents per mile
Isl The railroads would have resisted the
F5orderi and the Corporation Commission
would have been compelled to teRt Its
E,authority and even Its very basis OF cx-
istence upon an issue that had already,
been prejudged and declared unconstitu-
S3tional by the highest court in the land
Neither wisdom nor wel-wishing would
81 have suggested the adoption OF such q
NJ course, and the opinion Of Judge Holt.
K Of Stanton, II any further judicial de-
e termination were lacking, would abso-
salutely Justify the action OF the Corpora
N tlon commissionA Ia not, doing so futile
q and foolish q thing" as seeking to validate
ISL BY It's own ipsc dixit n hopclessly nncon-s
~ stitutionnl act.$
}S,tss The roots Of this discussion Of the
80 Churchman law penetrate far beyond
ss such surface questions ms constitutional
IN ity. The real effect of these demands on
n the Corporation Commission to do thus
III and so. simply because the Legislature
has requested" 1t. strike ut tho vttals
S OF the Corporation Commission itself.
8i83 The Constitutional Convention. after the
is deepest and most exhaustive debate OF a
{ @s generation, clothed the Corporation Com
mission with paramount Jurisdiction in
the matters of rates and regulation Of
sS railways. by making the commission app
AaEpointiye the convention further divorced
that body from all interference or con-
troll by the Legislature Since the Cor
sporation Commission. then Is clothed
3s#w with these constitutional powers and re-
"a sponsbilities. 1t should exercise those
n powers and assume those responsibilities
sS as a coordinate arm OF the government,
for It owes Its duty and It's existence. not
to the Legislature. hut to the will Of the
people. solemny expressed In consti-
sSi tutional convention. W.
II the Corporation Commission at any
time thinks that the welfare OF the State
sgof Virginia and the constitutional rights
of the railroads TO receive n remunerativ,
rate can both be preserved under a two
s5I cent rate, doubtless the commission vii
establish such minimum charge, II
do So before such conditions arise woui
sk be to court the inevitable discredit OF
reversal by the United States snprenl
sSg Court.
VIM. Y II the Stale of Virginia had desired III
&5s Legislature TO regulate tbs railroads an
declare the rates, that power would hay
IA been given to that body, and Judging froi
1.-the experience OF the past thirty year,
the railroads would have remained vi
81 regulated.
\ 3. An Old Crusade,