The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-04

&il our ships through an age oI%TeXoluN'A0''
and reform tIon. IA q. !.
ii Railroads and the Churchman Act
3ss II discussing the refusal Of the railroads
81 Virginia to comply with a legislative ~,
g enactment providing for the sale Of mile
Sis5 age books at5two cents a mile, the Staun-
ton Dispatch says: II 35j III
sssS l$uIf the & roads have the right to de-
mand d court review OF the matter, their
$lg mode OF procedure is q ques ton that they
MI may properly decide without violation.
Nh 81 ethics In tho premises. It would seem
that the only prac teal way for tie road
SsS$ to test the law Is to decline TO comply
with It, and leave the State to brin 81 such
n act tomas It sees proper to compel compli-
aInce on the part Of 4 the raj lroads We
33 "a not understand that , by standing Z on
their rights the railroads are ing&that
n particular act showing their contempt for
ii the authority OF the State, or ctlng In an
insulting manner toward the people 9. ii. "
53 seems to us about the only pra otlcal way
VI for them to proceed. "as55 N; 5t5a
This whole question Is very much In In
yoved and complicated The & Constitull-.
ss ton is clear In char cling the Corporation
Commission with the duty OF ;superyy ising g.
Regulating and controlling oil trans orta-{
vi ton and transmits on a npanies doing
8S business in SY Virginia, & and prescribing and
3 enforcing against 81 eli II companies Il such
rates, charges, classifi lions "A Of traffic
and rules and regulations as may be rea--
sEiE soma Bile and Just 1T further provides
that all rates, charges, classifi IONS
rules and regulations adopted or acted
$s ,lpon by any such company, inconsistent
with those prescribed by the commission!
within the scope Of its authority shall
i be unlawful and void. IS NJ S5gg4 Az
AS The Tlmes-Dispatch has maintained
s5 from the start that the Churchmnn act
Is unconstitutional, and u SO maintained
when the bill was under discussion in tho
General Assembly. It is very clear to US
@,that the Constitution hestows upon the
Corporation Commission tho exclusive
right of regulating rates, but even the
" Corporation Commission has not abso-
lutte authority iii these premises, for It's
s decisions afe Subject to review by tho
Court OF Appeals. The Constitution pro-
Bs&vldes that IRON any action Of the COM
mission prescribing rates, charges, etc.,
X appeal may be taken#l,y the corporations
TO the Supreme Court OF Appeals and
ID 1t Is further provided that upon the grant
ing Of AN appeal writ Of supersedeas
may be awarded by the appellate court.
suspendng the operation OF tho action
e appealed from until the final disposition
of the appeal. 35s
1T Is fair conclusion, therefore, that
ifs the railroads have the right OF appeal
ii from an sorder OF the Corporation Com
also to appeal from legislative enact
II mert Whether or not the railroads have
pursued the proper course In getting a
hearing IN the Court OF Appeals is open
to discussion; but 1t is interesting to
note that the railroads, pursued much the
same course that the Corporation Com
mission pursued In refusing to qualify
Mr., Joseph button as Commissioner of
S Insurance Tho Corporation Commission
refused to recognize Mr.. Button, although
lie was elected by the General Assembly.
and put upon Mn Stlis rilprden Of testing
n In the Court of Appeals the constitution
nlty Of this enactment.
The railroads have no more acted In
a contempt Of law than the Corporation
5 Commission has done They have done
what any set OF business men would
have done under similar conditions Sup
pose the Churchman net had provided
that they should sell all passenger tickets
ut the rate OF ono cent a mile; does any
critic think that they should have sub
1inritted To such q ruinous exaction withou
strnggle7 n
II iho Churohman aa haa any for,
ana application, 1t applies to the Corpora
lion Commission aa we'll as to the rail
roads. The Corporation Commission dis
seganded 1t and no criticism has bea'
heard. yet the railroads arc flayed aliy
5. fecausA they ilays not obsyed lts IN
junction. The Attorney flene rsl !. ON bahal
III tfls Commonwealth, now Positions "
Corporation ConHntasfon to enforce tn
rot against tho Atlantic Coast Line, an
% fssplrsl that road to put Oh sale tho two
e oeaft mileage books and 80 make up q ties
case. That Is the rtghs course. The Cor
sSs fs,ration Commission ia tho proper trtbu
h nal 10 regulate ra tea, and " II orders ~
Coast line ia sell boC-npile booaks at On
NJ - pf two tet,t4 g mile tina s'er'paa y