The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-13

SS5ik35SB E ]. -
rhe Corporation G Commission and
the Legislature.
aSSSs our esteemed contemporary. the Nor
#t5YoIk yirglnian-Pil in reply to cues ssi
@gYtions from this paper concerning the the
5$5 nnwcrs and duties OF the Corporation
Tia Commission, says that the commission is
8asSthe crea ton Of tho Constitution; that It
S8 has no powers not granted by that IN a
3 strument, and that while these powers
a. are many and unusually broad. they do
not. In our contemporary Judgment
#Iextend TO tho notification Of an act Of
the General Assembly regularly passed
IS and completed BY the signature Of the
$j3C3overllor. tx Al
That Is not q specific answer to the
Question which 80 Tho a Times j Dispatch
iii asked. 4 * e $IS ~ {!4i ,;gs
The Constitution clothes the Corpora
5.ston Commission with powers to fix rail- l1 "A
AZ road rates, and even goes so far as to
S|say that this authority OF the commits
sf8 sion, subject to review on appeal to the
81 Supreme Court, shall be paramou nt and
H still farther, that ill rates, chargesS
a4tlhssif1cations u rules and regulations
adopted or acted upon by any railroad q q
company inconsistent with those pre-
&Escribed BY the commission, within the.
n scope Of Its authority, shall be unlawful VI
SBnnd void. But II the General Assembly
~ to t,surp this function and make rules
IND regulations for the railroads and FIX.
rates which, the Corporation Commission
LIZ bound to enforce, the commission will
re shorn Of its authority. It will u be.
Merely an administrative body, subject
W tina orders Of the General Assembly q
55a The yirglnian- Pilot. in commenting on
our observation that the Corporation
Commission Is endowed with judicial
functions, and that one of the functions
#of q Judge is to Sconstrue the law, replies:
"The Constitution bestows upon the
Supreme Court original jurisdiction IN
determining the constltutiondlity,' etc.;
mo other court or body In Virginia can
8ppssess or exercise such power IN Ylr-
Il g1nia except by grant from the General
. Assem- bly,. It is the duty OF. I'LL officers
land agencies OF the Commonwealth N 70
# obey the law as passed by the law max
ing body, and then to solve, by ap pp ea.
stion to the courts, all doubts OF its
validity" 5
s#sS our contemporary does not quote the
Ne Constitution as It Is written THAT IN
strument says that the Court Of Appeals
shall have original Jurisdiction In cases
5of ghabeas corpus. 4 mandatnus and prohi-
88bihon; but IN al other Gases In which
&it shall have Jurisdiction, 1t shall have
appellate Jurisdiction only. And again:
"sub3ect to such reasonable rules as may
u be prescribed by law, as to the course
Of appeal the Limitations as to time, tho
security required, II any, the granting
orirefusng OF appeals, and tho procedure
yta therein. 1t shall, by virtue Of this Con-
81 stitution, have appellate Jurisdiction In
q all cases Involving the constitutionallty
INK Of a law as being repugnant to the Con-
8istitution OF this State or OF the United
# States"
1t will be seen from this that Its original
sjurisdction III cases Of this character
# Is very limited. Most cases involving the
$ constitutionality OF law mNst como tc
1.-The notice of tho Supreme Court upon ap.
# peal from the lower courts. and tho con-
8&. tention OF our contemporary that no othe.
court can exercise such power except by
grant OF the General Assembly II
5 strange doctrine to The Timos-Dis
R patch. Mi, Tucker, in his work on
the Constitution, declares that ut IL
the essential attribute OF judicial power
wherever vested, whether In the Supreme
@ Court or Justice of the peace, to civ,
s,gl effect to the paramount law, and whar'
ahe supreme law and the subordinate Law
Il come into conflict. to declare tfHt til
H3 ferE:er shall have effect and that tn
latter shall DO null and void II
says moreover, that without such
s judicial power the paramount force o
the Constitution would have bee
# Eparalyzed, and the departments OF govern
$ lnent would have held practical 81
@ prepaaoy over the supreme law OF tn
land
There are enAront lawyers who hol
that II Is tbs sworn duty Of every Office
al 81 government to refuse to execute an
# law which he believes to be unconstitr
Ionsl. Much more Is the duty Of tn
Corporation Commission, which derive
ii Its authority from the Constitution an
which posseSses some OF the FUNCTION
fof q court Of record. to decline to execut
IN act OF the Legislature which 1t bt
Ilsvss 70 be In conflict with the organl
a I'm. Il mar not te that the Corporate
Cotnrnission has exclusive authority TO II
IA ratss but there can be no doubt tht
@ unasr the Constitution Its authority
This direction Is paramount, and job
I aasshau fss said that ~ e prop0stio