The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-26
How bitter thing 1t is to look into
happiness through another mans
eyes. AS you Like -
vireinia's Rate Regulation Law.

In discussing the Hepburn rate-resnia-
tlon bill. Senator Tillman is reported
to have said
"The question of adding to the provi-
sion now in the bill for judicial re-
view of the findings OF the Interstate
Commerce Commission continued MT.
TIllman. should be approached very eau.
tiously. In the first place decision OIL
the commission has the same stahulns
as an act of Congress. No court "oulu
undertake to nulify an act of Congress
pending an appeal unless 1t should tahe
n high-handed course. can see no
reason why a decision of the commits
sion should be set aside pending an APP
peal in the courts. Any proposition 10
set aside such n decision pending acuon
bv the courts will receive the strongest
opposition ] can give 1t. for one. NO one
seeks, and certainly I do not, to deny
1 the railroads the right to appeal to
the courts. If a rate is established that
threatens the confscation Of their pro-
perty. of course they Will have right
to go into the courts for protecuon'
But the commission will have the
power and authority of court of
record. and will exercise the functions
of a judicial body, not a legislative rody.
That being the case, all proceedings and
rules should be as those of other courts
That was the principle adopted by the
Virginia Constitutional Convention in
creating our State Corporation Commits
sion. The Corporation Commission is
court and provision Is made for APP
peals from. its decisions TO the Supreme
Court of Appfals. 1t is provided that
such appeal shall be taken in the man
ner in which appeals may be taken to
the Supreme Court of Appeals. from the
inferior courts, etc.
1t is further provided that, upon the
granting OF an appeal. writ of superse-
IDEAS may be awarded by the appellate
court. suspending the operation of the
action appealed from until the final dis
position of the appeal; hut. prior to
the hnal reversal thereof by the APP
pelate court no action of the commits
sion, prescribing or affecting the rates.
charges or classfications of traffic of
any transportation or transmission COM
pany shall be delayed, or suspended in
its operation. by reason of any appeal
by such corporation, or by reason of
and proceedings resulting from such APP
peal until suspending bond shall first
have been executed and filed with. and
approved byyithe commission Tor APP
proved on review ty the Supreme Court
of Appeals), payable TO the Common
wealth. and sufficient in amount and Sc
curitNsto insure the prompt refundng. by
the appealing corporation to the parties
thereto, OF all charges which such COM
pany may collect or receive, pending the
appeal, in excess of those fixed or au-
thoriEed by the NAL decision of the
court on appeal"
If this were not the rule of all courts.
If no provision Mere made for arrest of
Judgment ad interim, appeals would
doubtless be useless. notably in the case
of persons convicted of a capital crime.
There is no need of an appeal, after the
condemned person has been hanged.
Senator Tillman says If rate is es-
tablished that threatens the confisca-
ton OF their property, the railroads un-
der the Hepburn bill would have the
right to go into court for protection.
But tf the rate. in the mean time, had
taken effect, the road might be ruined
before the court could intervene.
we commend the Virginia law to scna
tor Tillman and his associates in Con-
gress. It's operation has been very sa-
t.sfactory in this State to the general
public, II not to the railroads.
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